Anti-Drunk and Drugged Driving Act of 2013

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Republic Act No. 10586 or the “Anti-Drunk and Drugged Driving Act of 2013″ is an act that penalizes persons who drive under the influence of alcohol, dangerous drugs, and similar substances, and for other purposes. The Act, a consolidation of Senate Bill No. 3365 and House Bill No. 4251 was approved and signed into law by President Benigno Simeon Aquino III on 27 May 2013. It was authored by former President and now Pampanga Representative Gloria Macapagal-Arroyo.


Contents

Definition of terms

  • Alcohol - alcoholic beverages classified into beer, wine and distilled spirits; the consumption of which produces intoxication
  • Breath analyzer – an equipment used to determine the concentration of alcohol in the blood by testing a person's breath
  • Chemical tests - breath, saliva, urine or blood tests used to determine the concentration of alcohol in the blood and/or positive indication of dangerous drugs and similar substances in a person's body
  • Dangerous drugs and other similar substances - drugs listed in the schedules annexed to the 1961 Single Convention on Narcotics Drugs, and in the schedules annexed to the 1971 Single Convention on Psychotropic Substances as enumerated in its attachment, which is an integral part of the “Comprehensive Dangerous Drugs Act of 2002”
  • Driving under the influence of alcohol – the act of operating a motor vehicle while a driver's alcohol concentration in his blood has reached the level of intoxication
  • Driving under the influence of dangerous drugs and other similar substances – the act of operating a motor vehicle while the driver is found to be positive for use of any dangerous drug
  • Field sobriety tests - standardized tests to initially assess and determine intoxication (e.g. the horizontal gaze nystagmus, the walk-and-turn, the one-leg stand, and other similar tests).

Content

  • Every applicant for a motor or vehicle's driver's license shall complete a course of instruction which provides information on safe driving as well as the effects of the consumption of alcoholic beverages on the ability of a person to operate a motor vehicle, the hazards of driving under the influence of alcohol, dangerous drugs and other similar substances as well as the penalties for violation.
  • It is unlawful for any person to drive a motor vehicle while under the influence of alcohol, dangerous drugs and/or other similar substances.
  • A law enforcer who has probable cause to believe that a person is driving under the influence of alcohol, dangerous drugs and/or other similar substances by apparent indications and manifestations, may conduct a field sobriety test. If the driver fails in the said test, the law enforcement officer may use a breath analyzer or similar measuring instruments to determine the driver's blood alcohol concentration level.
  • If the law enforcement officer has probable cause to believe that a person is driving under the influence of dangerous drugs and/or other similar substances, he or she may bring the driver to the nearest police station to be subjected to a drug screening test.
  • A driver of a motor vehicle involved in a vehicular accident resulting in the loss of human life or physical injuries shall be subjected to chemical tests (drug screening test or drug confirmatory test) to determine the presence and/or concentration of alcohol, dangerous drugs and/or similar substances in the bloodstream or body. Those who refuse to undergo the mandatory field sobriety and drug tests shall be penalized to by confiscation and automatic revocation of his or her driver's license, in addition to other penalties provided herein and/or other pertinent laws.

Penalties

  • If the person who drives a motor vehicle while under the influence of alcohol, dangerous drugs and/or other similar substances, did not result in physical injuries or homicide, the penalty to be imposed is three months imprisonment and a fine ranging from PHP 20,000 to PHP 80,000.
  • If the person who drives a motor vehicle while under the influence of alcohol, dangerous drugs and/or other similar substances, resulted in physical injuries, the penalty to be imposed is a fine ranging from PHP 100,000 to PHP 200,000.
  • If the person who drives a motor vehicle while under the influence of alcohol, dangerous drugs and/or other similar substances resulted in homicide, the penalty to be imposed is a fine ranging from PHP 300,000 to PHP 500,000.
  • The nonprofessional driver's license of the violator of this act shall be confiscated and suspended for a period of 12 months for the first conviction and perpetually revoked for the second conviction. The professional driver's license of the violator of this act shall be perpetually revoked for the first conviction. The perpetual revocation of a driver’s license shall disqualify the person from being granted any kind of driver’s license thereafter.
  • The owner and/or operator of public utility vehicles and commercial vehicles (such as delivery vans, cargo trucks, container trucks, school and company buses, hotel transports, cars or vans for rent, taxi cabs, and the like) of the vehicle driven by the offender shall be directly and principally held liable together with the offender for the fine and the award against the offender for civil damages unless he or she is able to convincingly prove that he or she has exercised extraordinary diligence in the selection and supervision of his or her drivers in general and the offending driver in particular.

References


Citation

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