Drunk driving? Here’s what the new protocol says
LTO officers hand out leaflets about land transportation laws to motorists along Quezon Avenue in Quezon City on February 2, 2021, the first day of the full implementation of the “Child Safety in Motor Vehicles Act”. Republic Act No. 11229, which was passed in 2019, requires children aged 12 and below be properly secured in appropriate car seats while traveling in a private motor vehicle. MANILA — Motorists caught driving under the influence of alcohol could lose their driver’s licenses starting Nov. 15, as the Land Transportation Office (LTO) moves to strengthen its campaign against drunk driving.
Land Transportation Office (LTO) Chief Markus Lacanilao earlier told ABS-CBN News that starting Nov. 15, license revocation would be an automatic penalty for motorists who exceed legal alcohol limits.
Unlike in the previous policy, where the agency imposed either suspension or revocation as a penalty, the current policy provides for revocation as the sole penalty.
Under the new policy, motorists who test above the legal alcohol limit will be issued a show-cause order by the Intelligence and Investigation Division (IID) and given an opportunity to explain.
The measure comes as authorities seek to prevent road crashes involving intoxicated drivers, particularly ahead of the busy Christmas season.
But what does Philippine law say about drunk driving, when can motorists be required to take a breathalyzer test, and what penalties could they face?
Republic Act No. 10586, or the Anti-Drunk and Drugged Driving Act of 2013, prohibits anyone from operating a motor vehicle while under the influence of alcohol, dangerous drugs or similar substances.
This sets the limit for blood alcohol level at below 0.05 percent for private vehicle drivers whose motor vehicles do not exceed 4,500 kg. For public utility vehicle drivers, no amount of alcohol is allowed.
A driver may be suspected of drunk driving based on observable signs of impairment, including swerving, weaving between lanes, over speeding, sudden stops, poor coordination or the evident smell of alcohol on the driver’s breath.
Under RA 10586, a law enforcement officer who has probable cause to suspect drunk driving must first conduct field sobriety tests.
These consist of three standardized assessments:
- Horizontal gaze nystagmus test: The officer checks the driver’s eye movements as the driver follows a moving object.
- Walk-and-turn test: The driver is asked to walk heel-to-toe along a straight line, turn and walk back.
- One-leg stand test: The driver must stand on one leg while maintaining balance.
If the motorist fails the field sobriety tests, the officer is required to determine the driver’s blood alcohol concentration (BAC) using a breath analyzer or similar measuring instrument. It also provides for mandatory chemical testing of drivers involved in vehicular accidents resulting in death or physical injuries.
Refusing mandatory testing can result in the confiscation and automatic revocation of a driver’s license under Section 8 of RA 10586, in addition to other applicable penalties.
The law’s implementing rules provide for due process in the enforcement of license revocation.