What is RA 10586 (Anti-Drunk and Drugged Driving Act)?

Republic Act No. 10586, also known as the “Anti-Drunk and Drugged Driving Act of 2013,” aims to eliminate impaired driving in the Philippines. It sets legal limits for blood alcohol concentration (BAC) at 0.05% for non-professional drivers and zero tolerance for professional drivers and those operating public utility vehicles. The law also mandates field sobriety tests and breathalyzer tests to identify offenders.

The implications of RA 10586 include strict penalties for violators, such as fines, imprisonment, and suspension or revocation of driving licenses. Its enforcement has led to increased public awareness about the dangers of drunk and drugged driving. Consequently, this law has contributed to a reduction in road accidents, promoting safer roads and protecting lives.

Understanding RA 10586

RA 10586, known as the “Anti-Drunk and Drugged Driving Act of 2013,” is a Philippine law that prohibits driving under the influence of alcohol, dangerous drugs, and similar substances. It sets specific blood alcohol concentration (BAC) limits and mandates strict penalties for violators, including fines, imprisonment, and license suspension or revocation. This law applies to all drivers, including those operating public and private vehicles, ensuring road safety for everyone.

The law addresses the serious issue of impaired driving, which can lead to accidents, injuries, and fatalities. RA 10586 is necessary to promote responsible driving behavior and protect lives by deterring individuals from driving while intoxicated. By implementing rigorous testing and penalties, it helps reduce road accidents caused by drunk and drugged driving.

Key Provisions

RA 10586 contains several key provisions aimed at curbing drunk and drugged driving in the Philippines. These provisions outline specific measures for enforcement, penalties, and public awareness to ensure safer roads. Below are the major provisions of the law:

1. Legal Blood Alcohol Concentration (BAC) Limits

  • Non-professional drivers: 0.05%
  • Professional drivers and operators of public utility vehicles: 0.0%

Stages of Alcohol Intoxication

Aside from setting a legal standard for BAC limits, the law also categorizes the alcohol effects into several stages, each with increasing severity, according to the BAC levels:

  • Subclinical Phase (0.02-0.05 BAC): Slight relaxation, mood swings, and decreased visual functionality.
  • Euphoria Phase (0.05-0.10 BAC): Lack of coordination, exaggerated behavior, and reduced alertness.
  • Excitement Phase (0.10-0.25 BAC): Poor judgment, slurred speech, and slow reactions.
  • Confusion Phase (0.15-0.34 BAC): Severe confusion, muscle impairment, and erratic emotions.
  • Stupor Phase (0.34-0.50 BAC): Semi-consciousness, diminished reflexes, and risk of passing out.
  • Coma Phase (0.40-0.50 BAC): Cardiac distress, unconsciousness, and potential death.
  • Death Phase (0.50 and above BAC): Cardiac arrest leading to death.

Probable Cause and Testing

Law enforcement officers (LEO) can stop and test drivers if they have reasonable grounds to believe the driver is under the influence. Probable cause includes traffic offenses like: 

  • swerving, 
  • overspeeding, or 
  • the smell of alcohol on a driver’s breath. 

2. Field Sobriety and Chemical Testing

Field sobriety tests are administered by law enforcement officers on-site to assess a driver’s physical and cognitive impairment. 

  • Law enforcement officers (LEOs) can conduct field sobriety tests to determine if further chemical testing is needed to confirm intoxication. The standard tests include:
    • Horizontal Gaze Nystagmus (HGN) Test (the eye test)
      • The officer observes the driver’s eyes as they follow a moving object, such as a pen or flashlight.
      • Indicators include the inability to follow the object smoothly and distinct eye jerking at maximum deviation.
    • The walk-and-turn test, and
      • The driver is instructed to take nine steps along a straight line, heel-to-toe, turn on one foot, and return in the same manner.
      • Signs of impairment include an inability to maintain balance, incorrect number of steps, and starting before instructions are completed.
    • The one-leg stand test
      •  The driver is asked to stand on one leg, with the other foot approximately six inches off the ground, and count aloud by thousands (one thousand one, one thousand two, etc.) for thirty seconds.
      • Indicators of impairment include swaying, using arms for balance, hopping, and putting the foot down before the time is up.
  • If a driver fails these tests, they must undergo an Alcohol Breath Analyzer (ABA) test to measure their BAC. 
  • If the BAC exceeds legal limits, the driver is arrested, and their vehicle is impounded.
  • Officers can use breathalyzers and other chemical tests to determine BAC levels.
  • RA 10586 mandates chemical testing (including drug screening and confirmatory tests) for drivers involved in accidents causing death or injuries. 
  • The law also requires nationwide random terminal inspections and quick random drug tests for public utility drivers to ensure compliance.

3. Penalties for Violations

  • No physical injuries or death
    • First offense: Fine of PHP 20,000 to PHP 80,000, and imprisonment of three months.
    • Second offense: Fine of PHP 80,000 to PHP 200,000, and imprisonment of three months to six months.
    • Third and subsequent offenses: Fine of PHP 200,000 to PHP 500,000, and imprisonment of six months to two years.
  • Offenses involving death or physical injuries
    • Harsher penalties including longer imprisonment terms.
    • Resulting in physical injuries: Php 100,000 Php 200,000 fine, and imprisonment per the Revised Penal Code.
    • Resulting in death: Php 300,000 Php 500,000 fine, and imprisonment per the Revised Penal Code.
  • Drivers who refuse mandatory testing after failing any of the field sobriety tests will face immediate confiscation and revocation of their driver’s license.

4. Suspension and Revocation of Driver’s License

  • Non-Professional Drivers
    • First offense: Suspension of license for up to one year.
    • Subsequent offenses: Revocation of license.
  • Professional drivers
    • Permanent revocation upon first conviction.

5. Mandatory Alcohol and Drug Education

6. Mandatory Reporting

  • Hospitals and clinics are required to report incidents of vehicular accidents involving suspected impaired drivers.

7. Public Awareness Campaigns

  • Government agencies are tasked with conducting nationwide campaigns to raise awareness about the law and the risks associated with impaired driving.

These provisions collectively aim to deter impaired driving and enhance road safety across the country.

Coverage of the Law

RA 10586 applies to all drivers operating motor vehicles while under the influence of alcohol, drugs, or similar substances. The law sets specific blood alcohol concentration (BAC) limits. For non-professional drivers, the BAC limit is 0.05% or higher. For trucks, buses, motorcycles, and public utility vehicles, the BAC must be more than 0.00%.

Driving under the influence of dangerous drugs means operating a vehicle while the driver, after being tested, is found positive for drug use. Dangerous drugs include those listed in the Comprehensive Dangerous Drugs Act of 2002 (RA 9165).

Video: Anti-Drunk and Drugged Driving Act of 2013

RA 10586 (Anti-Drunk and Drugged Driving Act of 2013) ensures road safety by penalizing impaired driving. The law sets strict BAC limits and requires testing for drivers involved in accidents. Penalties include fines, imprisonment, and license revocation to deter dangerous driving. To learn more about what it is and what it entails, please watch this video from PTV Philippines:

Summary

RA 10586 aims to protect road users by penalizing those driving under the influence of alcohol and drugs. It covers all drivers and sets strict BAC limits. Penalties include fines, imprisonment, and license suspension or revocation. Law enforcement officers conduct sobriety and chemical tests to ensure compliance. Public education campaigns help raise awareness about the dangers of impaired driving, promoting safer roads for everyone.