REPUBLIC ACT no.

10586 assess and determine intoxication,

ANTI-DRUNK AND DRUGGED such as the horizontal gaze
DRIVING nystagmus, the walk-and-turn, the
Date Approved: May 27, 2013 one-leg stand, and other similar tests
Signed by: Benigno S. Aquino III h. Motor vehicle - any land
transportation vehicle propelled by
any power other than muscular power
SECTION 1. Title. “Anti-Drunk and i. Motor vehicles designed to carry
Drugged Driving Act of 2013”. hazardous materials - designed to
carry or transport materials which may
SECTION 2. Declaration of Policy. endanger health and lives of the
Policy of the State to ensure road public.
safety through the observance of the j. Public utility vehicles - motor
citizenry of responsible and ethical vehicles for hire and used to carry or
driving standards. transport passengers or goods.
SECTION 3. Definition of Terms. SECTION 4. Driver’s Education. Every
a. Alcohol - alcoholic beverages or the applicant for a motor vehicle driver’s
consumption of which produces license shall complete a course of
intoxication. instruction that provides information
b. Breath analyzer - equipment which on safe driving. For professional
can determine the blood alcohol drivers, every applicant for a driver’s
concentration level of a person license or those applying for renewal
through testing of his breath. thereof shall undergo the driver’s
c. Chemical tests - breath, saliva, urine education. The driver’s license written
or blood tests to determine the blood examination shall include questions
alcohol concentration level and/or concerning the effects of alcohol and
positive indication of dangerous drugs drug intoxication on the ability of a
in a person’s body. person to operate a motor vehicle and
d. Dangerous drugs and other similar the legal and pecuniary consequences
substances - drugs listed in the resulting from violation of the
schedules annexed to the 1961 Single provisions of this Act.
Convention on Narcotics Drugs and to
the 1971 Single Convention of SECTION 5. Punishable Act. Any
Psychotropic Substances person to drive a motor vehicle while
e. Driving under the influence of under the influence of alcohol,
alcohol - act of operating a motor dangerous drugs is unlawful.
vehicle while the driver’s blood alcohol
SECTION 6. Conduct of Field Sobriety,
concentration level has reached the
Chemical and Confirmatory Tests.
level of intoxication
a. A law enforcement officer who has
f. Driving under the influence of
probable cause to believe that a
dangerous drugs and other similar
person is driving under the influence
substances - act of operating a motor
of alcohol, dangerous drugs and/or
vehicle while the driver is found to be
other similar substances shall conduct
positive for use of any dangerous
field sobriety tests.
drug.
b. If the driver fails in the sobriety
g. Field sobriety tests - tests to initially
tests, the determination of the driver’s
blood alcohol concentration level b. For purposes of acquiring these
through the use of a breath analyzer equipment and for the training
or similar measuring instrument seminars indicated in Section 10
should be done. hereof, the LTO shall utilize the Special
c. If the law enforcement officer has Road Safety Fund allotted for this
probable cause to believe that a purpose as provided under Section 7
person is driving under the influence of Republic Act No. 8794, entitled: “An
of dangerous drugs and/or other Act Imposing a Motor Vehicle User’s
similar substances, the driver shall be Charge on Owners of All Types of
brought to the nearest police station Motor Vehicles and for Other
to be subjected to a drug screening Purposes”.
test and, if necessary, a drug c. Additional yearly appropriations for
confirmatory test. the purchase of breath analyzers and
drug-testing kits shall be provided
annually under the General
SECTION 7. Mandatory Alcohol and Appropriations Act.
Chemical Testing of Drivers Involved
SECTION 10. Deputation. The LTO
in Motor Vehicular Accidents. A driver
may deputize traffic enforcement
of a motor vehicle involved in a
officers of the PNP, the MMDA and
vehicular accident resulting in the loss
cities and municipalities in order to
of human life or physical injuries shall
enforce the provisions of this Act.
be subjected to chemical tests,
including a drug screening test and, if SECTION 11. Law Enforcement
necessary, a drug confirmatory test as Officer Education.
mandated under Republic Act No. a. The LTO and the PNP shall conduct
9165 training seminars for their law
enforcers and deputies with regard to
SECTION 8. Refusal to Subject
the proper conduct of field sobriety
Oneself to Mandatory Tests. A driver
tests and breath analyzer tests every
of a motor vehicle who refuses to
year.
undergo the mandatory field sobriety
b. Within 4 months from the effectivity
and drug tests under Sections 6, 7 and
of this Act, the LTO shall publish the
15 of this Act shall be penalized by the
guidelines and procedures for the
confiscation and automatic revocation
proper conduct of field sobriety tests.
of his or her driver’s license.
SECTION 12. Penalties. A driver
SECTION 9. Acquisition of Equipment.
found to have been driving a motor
vehicle while under the influence of
a. Within 4 months from the effectivity
alcohol, dangerous drugs and/or other
of this Act, the LTO and the PNP shall
similar substances shall be penalized
acquire sufficient breath analyzers and
as follows:
drug-testing kits to be utilized by law
a. If the violation of Section 5 did not
enforcement officers and deputized
result in physical injuries or homicide:
local traffic enforcement officers
(1) 3 months imprisonment, (2) Php
nationwide giving priority to areas
20,000 to Php 80,000 fine.
with high reported occurrences of
b. If the violation of Section 5 resulted
accidents.
in homicide: Php 300,000 to Php
500,000 fine and quick random drug tests of public
c. If the violation of Section 5 resulted utility drivers.
in homicide: Php 300,000 to Php
SECTION. 16. Review of Penalties.
500,000 fine.
The LTO shall, after 5 years from the
d. The nonprofessional driver’s license
effectivity of this Act and every five 5
of any person found to have violated
years thereafter, review the
Section 5 of this Act shall also:
applicability and enforcement of all
Confiscated and suspended for a
foregoing pecuniary penalties and
period of 12 months for the first
shall initiate amendment and/or
conviction and perpetually revoked for
upgrade the same as may be
the second conviction
necessary, subject to the approval of
e. The professional driver’s license of
the Secretary of the DOTC.
any person found to have violated
Section 5 of this Act shall also: SECTION 17. Implementing Rules
Confiscated and perpetually revoked and Regulations. The DOTC, the DOH
for the first conviction. The perpetual and the NAPOLCOM shall, within 3
revocation of a driver’s license shall months from the effectivity of this Act,
disqualify the person from being jointly promulgate the necessary
granted any kind of driver’s license implementing rules and regulations to
thereafter. carry out the provisions of this Act.
SECTION 13. Direct Liability of SECTION 18. Separability Clause
Operator and/or Owner of the
Offending Vehicle. The owner and/or SECTION 19. Repealing Clause
operator of the vehicle driven by the SECTION 20. Effectivity
offender shall be directly and
principally held liable together with
the offender for the fine and the award
against the offender for civil damages
unless he or she is able to
convincingly prove that he or she has
exercised extraordinary diligence.
SECTION 14. Nationwide Information
Campaign. Within 1 month from the
promulgation of the implementing
rules and regulations as provided
under Section 17, the LGUs and other
concerned agencies, shall conduct
information, education and
communication campaign for the
attainment of the objectives of this
Act.
SECTION 15. Nationwide Random
Terminal Inspection and Quick
Random Drug Tests. The LTO shall
conduct random terminal inspections