DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS IS NOW A CRIME.
Republic Act No. 10586 was
recently signed into law. This law makes it unlawful for any person to drive a
motor vehicle while under the influence of alcohol, dangerous drugs and/or
other similar substances. (So, somebody who is drunk or drugged and rides his bicycle through the streets is not liable under this law. This
seems to be true even if he be the cause of a vehicular accident!)
It appears that the law
does not require any specific level of alcohol intoxication one has to be under
in order that he can be held liable for driving while in the influence of
liquor.
Under this law, law enforcement
officers are authorized to conduct “field sobriety test” (Field sobriety tests refer
to standardized tests to initially assess and determine intoxication, such as
the horizontal gaze nystagmus, the walk-and-turn, the one-leg stand, and other
similar tests as determined jointly by the DOH, the NAPOLCOM and the DOTC)
when he has probable cause to believe that the driver is under the influence of
alcohol, dangerous drugs and/or other similar substances by apparent
indications and manifestations, including overspeeding, weaving, lane
straddling, sudden stops, swerving, poor coordination or the evident smell of
alcohol in a person’s breath or signs of use of dangerous drugs and other
similar substances. If the driver fails
in the sobriety tests, it shall be the duty of the law enforcement officer to
implement the mandatory determination of the driver’s blood alcohol
concentration level through the use of a breath analyzer or similar measuring
instrument. 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, it shall be the duty of the law enforcement officer to bring the
driver to the nearest police station to be subjected to a drug screening test
and, if necessary, a drug confirmatory test as mandated under Republic Act No.
9165.
Refusal to subject oneself
to undergo the mandatory field sobriety test and drug test is likewise
punishable by confiscation and automatic revocation of his or her driver’s
license, in addition to other penalties.
Another remarkable
provision of the law is the direct and principal liability of the owner or
operator of the vehicle together with offending driver. However, this solidary liability
of the vehicle owner or operator is limited only on the penalty of fine and
damages. The penalty of imprisonment can be imposed only against the offending
driver. The only defense the vehicle owner or operator can set up his exercise of
extraordinary diligence in the selection and supervision of his or her drivers
in general and the offending driver in particular. The law merely provides that
this solidary liability shall principally
(not exclusively) apply to the owners and/or operators 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. Thus, textually, the law does not exclude from this
solidary liability, the owners of private vehicles.
The penalties for
violation of the law are as follows:
SEC. 12. Penalties. –
A driver found to have been driving a motor vehicle while under the influence
of alcohol, dangerous drugs and/or other similar substances, as provided for
under Section 5 of this Act, shall be penalized as follows:
(a) If the violation of Section 5 did
not result in physical injuries or homicide, the penalty of three (3) months
imprisonment, and a fine ranging from Twenty thousand pesos (Php20,000.00) to
Eighty thousand pesos (Php80,000.00) shall be imposed;
(b) If the violation of Section 5
resulted in physical injuries, the penalty provided in Article 263 of the
Revised Penal Code or the penalty provided in the next preceding subparagraph,
whichever is higher, and a fine ranging from One hundred thousand pesos
(Php100,000.00) to Two hundred thousand pesos (Php200,000.00) shall be imposed;
(c) If the violation of Section 5
resulted in homicide, the penalty provided in Article 249 of the Revised Penal
Code and a fine ranging from Three hundred thousand pesos (Php300,000.00) to
Five hundred thousand pesos (Php500,000.00) shall be imposed; and
(d) The nonprofessional driver’s
license of any person found to have violated Section 5 of this Act shall also
be confiscated and suspended for a period of twelve (12) months for the first
conviction and perpetually revoked for the second conviction. The professional
driver’s license of any person found to have violated Section 5 of this Act
shall also be confiscated and 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 prosecution for any violation of
this Act shall be without prejudice to criminal prosecution for violation of
the Revised Penal Code, Republic Act No. 9165 and other special laws and
existing local ordinances, whenever applicable.
Let us all drive sanely
and responsibly! (Even if you drive a bicycle
or something else.)
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