The Implementing Rules and Regulations of the Anti-Drunk and Drugged Driving Act (Republic Act No. 10586) has been approved. The law and regulations aim to protect the motoring public and ensure the safety of pedestrians. Here’s what you need to know:
Being flagged down
A deputized law enforcement officer (LEO) cannot simply flag down any motorized vehicle and subject the driver to a sobriety test. An officer can only proceed with screening a driver when there is reasonable ground (see: probable cause definition in IRR) to believe that the driver is under the influence of alcohol or drugs, i.e., after witnessing a traffic offense.
How the driver is tested
Field Sobriety Test
- Eye test: You must follow with your eyes an object that the officer moves horizontally, a foot away from the your face.
- Walk-and-turn test: You must walk nine steps forward in a straight line, turn, and then walk back the same distance.
- One-leg stand: You must be able to stand on one leg and raise the other at least 6 inches from the ground and hold that position for thirty seconds.
Alcohol Breath Analyzer (ABA) Test:
- If you do not pass the field sobriety test, you will be asked to take the ABA, or breathalyzer, test to analyze your blood alcohol level. To pass this test, the driver has to have a blood alcohol concentration level below 0.05%. Drivers of public utility vehicles, trucks, buses, and motorcycles, however, have to have a blood alcohol level of 0.0%
- If there is reasonable ground to believe that the driver is under the influence of drugs, the law enforcement officer will bring the driver to the nearest police station, where he will be tested for drugs.
- If you pass the field sobriety test or the breathalyzer test, then you will only be sanctioned or penalized for the traffic offense for which you were pulled over, and thus, not subject to penalties of Anti-Drunk and Drugged Driving Act.
- If you fail any of the field sobriety test, only then will you be subjected to a breathalyzer test.
- If you fail the breathalyzer test, you will you be arrested; in addition to this, your vehicle will be impounded.
- If you refuse to take the test then the LEO shall confiscate and revoke your driver’s license, in addition to the other traffic penalties.
- Those who have passed either the field sobriety test or the ABA test are not obligated to take a drug screening test after the fact.
- Confiscated licenses shall only be released after the final disposition or lawful order of the courts.
- If you violate RA 10586, the penalties range from a minimum of 3 months to a maximum of 20 years imprisonment. The fine ranges from P20,000 to P500,000.
- If you own a non-professional license then there is a 12-month suspension on the first offense and a permanent revocation for the second.
- If you own a professional license then there is only permanent revocation for a single offense.