RA 10586: Understanding the Anti-Drunk and Drugged Driving Act 

Cebu, Philippines — Republic Act (RA) 10586, or the Anti-Drunk and Drugged Driving Act of 2013, sets out the country’s policy of ensuring road safety by penalizing acts of driving under the influence of alcohol, dangerous drugs, and similar substances.

The law anchors enforcement in accountability when such acts cause damage to life and property.

Coverage of vehicular incidents

RA 10586, or commonly known as the Anti-Drunk and Drugged Driving Act, regulates situations involving vehicular accidents resulting in deaths or physical injuries. It places drivers involved in such incidents within the scope of mandatory enforcement measures provided under the law and its IRR.

Under the law, a driver involved in a vehicular accident resulting in the loss of human life or physical injuries is required to undergo mandatory alcohol and chemical testing to determine the presence or concentration of alcohol, dangerous drugs, or similar substances in the body.

These tests include field sobriety tests, breath analysis, and, when applicable, drug screening and confirmatory tests.

READ: What erring drivers face under the Anti-Drunk and Drugged Driving Act

Driving under the influence of alcohol (DUIA) is established once a driver’s blood alcohol concentration reaches the level of intoxication as jointly set by the Department of Health (DOH), the National Police Commission (Napolcom), and the Department of Transportation (DOTr).

Driving under the influence of dangerous drugs (DUID), on the other hand, is established through a positive confirmatory test conducted in accordance with the Comprehensive Dangerous Drugs Act of 2002.

Criminal liabilities under Anti-Drunk and Drugged Driving Act

Penalties under Section 12 of the Anti-Drunk and Drugged Driving Act of 2013 vary depending on the outcome of the violation.

If the act of driving under the influence does not result in physical injuries or homicide, the law provides for criminal liability that includes imprisonment and the imposition of fines ranging from P20,000 to P80,000.

If the violation results in physical injuries, the law imposes imprisonment in accordance with Article 263 of the Revised Penal Code or the higher penalty under the Act, together with fines ranging from P100,000 to P200,000.

In cases where the violation results in homicide, imprisonment under Article 249 of the Revised Penal Code applies, along with fines ranging from P300,000 to P500,000.

READ: Amend RA 10586: What are the proposed Kingston Cheng Amendments?

Administrative sanctions on driver’s licenses

Beyond criminal liabilities, the law also mandates administrative sanctions on driver’s licenses. 

A nonprofessional driver’s license is confiscated and suspended for twelve months for a first conviction and perpetually revoked for a second conviction.

For professional drivers, the license is confiscated and perpetually revoked upon the first conviction, permanently disqualifying the driver from being issued any driver’s license in the future.

READ: LTO files more administrative cases vs RA 10586 violators

Refusal to undergo mandatory testing

The IRR further provides that refusal to submit to mandatory field sobriety and alcohol or drug testing carries its own consequence.

A driver who refuses to undergo the required tests is penalized by confiscating and automatically revoking their driver’s license, in addition to other penalties provided under the law and other applicable statutes.

Liability of vehicle owners and operators 

Liability under the Anti-Drunk and Drugged Driving Act of 2013 may also extend to vehicle owners and operators. 

Owners and operators of the offending vehicle are held directly and principally liable with the driver for fines and civil damages unless they are able to prove that they exercised extraordinary diligence in the selection and supervision of their drivers.

TAGS: law, motoring, RA10586