REPUBLIC ACT NO.

10586 or The Anti-Drunk and Drugged Driving Act of 2013

According to statistics most accidents involve drivers who were driving while intoxicated (DWI)
or driving under the influence (DUI).

What is being prohibited by this law?

The law states that it shall be unlawful for any person to drive a motor vehicle under the
influence of alcohol, dangerous drugs and/or other similar substance. (SEC. 5, R.A. 10586)

How can a law enforcement officer know if I am drunk?

If he has probable cause to believe that you are drunk then he can order you to stop your
vehicle to conduct a test on you 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, shall conduct field sobriety tests.. (SEC. 6(1), R.A. 10586)

Can the LTO conduct RANDOM drug testing?

Yes, but only for drivers of PUVs. The LTO shall conduct random terminal inspections and quick
random drug tests of public utility drivers. A driver of a motor vehicle who refuses to undergo
quick random drug tests as required shall be penalized by the confiscation and automatic
revocation of his or her driver’s license, in addition to other penalties provided herein and/or
other pertinent laws. (SEC. 15, R.A. 10586)

When is alcohol and drug testing mandatory?

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, including a drug screening test and,
if necessary, a drug confirmatory test as mandated under Republic Act No. 9165, to determine
the presence and/or concentration of alcohol, dangerous drugs and/or similar substances in the
bloodstream or body. (SEC. 7, R.A. 10586)

A driver of a motor vehicle who refuses to undergo the mandatory testing as required
shall be penalized by the confiscation and automatic revocation of his or her driver’s license, in
addition to other penalties provided herein and/or other pertinent laws.
What kind of test will be conducted on me?

These are field sobriety test to initially assess and determine intoxication, such as the horizontal
gaze nystagmus, the walk-and-turn, the one-leg stand.

1. The Eye Test (“horizontal gaze nystagmus”) refers to horizontal or lateral jerking of the
driver’s eyes as he or she gazessideways following a moving object such as a pen or the tip of a
penlight held by the LEO from a distance of about one (1) foot away from the face of the
driver.

2. The Walk-and-Turn Test requires the driver to walk heel-to-toe along a straight line for
nine (9) steps, turn at the end and return to the point of origin without any difficulty.

3. The One-Leg Stand Test requires the driver to stand on either right or left leg with both
arms on the side. The driver is instructed to keep the foot raised about six (6) inches off the
ground for thirty (30) seconds.

What if I fail this field sobriety test?

If you fail that, the law enforcement officer will implement the mandatory determination of your
blood alcohol concentration level through the use of a breath analyzer or similar measuring
instrument. (SEC. 6(b), R.A. 10586)

What if I am under the influence of drug and the office finds out about this?

The law enforcement office will bring you 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. (SEC. 6(c), R.A. 10586)

May a police stop my car and conduct this test?

Only those deputized by LTO. The LTO may deputize traffic enforcement officers of the PNP, the
Metropolitan Manila Development Authority (MMDA) and cities and municipalities in order to enforce the
provisions of this Act. (SEC. 10, R.A. 10586)

What is the penalty for violation of this law?

a. No physical injury or homicide

Imprisonment – 3 months

Fine – Php20,000 – P80,000

Driver’s license

Non-professional:

First conviction – confiscation and suspension for 12 months

Second conviction – perpetual revocation

Professional:

First conviction – perpetual revocation

b. Resulted to physical injury

Imprisonment – prision mayor (6 years and 1 day to 12 years) to arresto mayor (1 month and 1
day to 6 months) depending on the gravity of the injury caused or reclusion temporal (12 years
and 1 day to 20 years), which ever is higher

Fine – Php100,000-Php200,000

Driver’s license

Non-professional:

First conviction – confiscation and suspension for 12 months

Second conviction – perpetual revocation

Professional:

First conviction – perpetual revocation

c. Resulted to homicide

Imprisonment – reclusion temporal (12 years – 20 years)

Fine – Php300,000-Php500,000

Driver’s license

Non-professional:
First conviction – confiscation and suspension for 12 months

Second conviction – perpetual revocation

Professional:

First conviction – perpetual revocation

Will the owner/operator of the vehicle be liable?

Yes. The owner/operator shall be directly and principally held liable together with the offender
for the fine and the award.

Are there exceptions to this rule?

Yes. If the driver/operator could 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.

What are the liabilities of deputized Law Enforcement Officers?

Any deputized LEO shall be held liable under the following:

1. Soliciting or accepting, directly or indirectly any gift, gratuity, favour, entertainment, loan or
anything of monetary value from any person in the course of his or her official duties or in
connection with any operation being regulated by, or any transaction which may be affected by
the functions of his or her office under this law.

2. Republic Act No. 6713 otherwise known as the “Code of Conduct and EthicalStandards for
Public Officials” and Employees, Republic Act No. 3019 otherwise known as the “Anti-Graft and
Corrupt Practices Act”, Republic Act No. 9485 otherwise known as “Anti-Red Tape Act” and
other applicable laws.