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FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
8 NO\f 22 
:iF 
Introduced by Senator Ramon "Bong" Revilla, Jr. 
EXPLANATORY NOTE 
The statistics of recent years show that there has been a decline in 
alcohol-related accidents. While this may be good news to all of us, the fact 
remains that these accidents still and does happen. And no matter how minimal 
these alcohol-related accidents statistics yield, these dry statistics actually 
represent real people and real lives. These lives are at stake every time a person 
who is under the influence of alcohol, drugs or other prohibited substances 
decides to take control of a steering wheel, thus becoming an imminent danger to 
themselves and to the hapless others. 
Research shows that a driver with a blood alcohol concentration (BAC) of 
0.08% is 11 times more likely than the non-drinking driver to be involved in a 
crash. As the amount of alcohol in the driver's system rises mathematically on 
the BAC scale, the likelihood of a traffic accident also multiplies. At 0.10% BAC, 
or greater, a driver is seven times more likely to be involved in a fatal motor 
vehicle crash than is a driver who has not consumed alcoholic beverages, and a 
driver with an alcohol concentration of 0.15% or greater is about 25 times more 
likely to figure in such accident. 
With this in mind, it thus becomes a matter of utmost importance to protect 
the public from further being threatened of losing their lives and property by 
reason of the recklessness of these irresponsible operators of motor vehicles. 
Passage of this bill is therefore earnestly sought. 


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FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
Second Regular Session 
8 
NOV 12 AI1 :US, 
Introduced by Senator Ramon "Bong" Revilla, Jr. 
AN ACT 
DEFINING AS A CRIME THE ACT OF DRIVING UNDER THE 
INFLUENCE OF ALCOHOL AND/OR PROHIBITED DRUGS AND 
SUBSTANCES AND PROVIDING FOR PENALTIES THEREFOR 
Be it enacted by the Senate and the House of Representatives of the 
SECTION 1. Short Title. - This Act shall be known as the "Anti-Drunk 
Philippines in Congress assembled: 
Driving Act of 2008." 
Sec. 2. Declaration of Policy. - It is hereby declared to be the policy of 
the State to reduce, with the end in view of totally eliminating, death and physical 
injuries, as well as destruction and damage to property, due to accidents caused 
by persons driving or operating any kind of motor vehicle while under the 
influence of any kind of alcoholic beverage andlor prohibited drug. 
Sec. 3. Driver Education. - Every applicant for a driver's license shall 
complete a course of instruction that provides information on driver and safety 
matters, including the effects of consumption of beverage alcohol products and 
the use of illegal drugs, prescription drugs, and non-prescription drugs on the 
ability of a person to operate a motor vehicle; the hazards of driving under the 
influence; and the penalties for driving under the influence. 
The driver's license test shall include written questions concerning the 
effects of consumption of beverage alcohol products and the use of illegal drugs, 
prescription drugs, and non-prescription drugs on the ability of a person to 
operate a motor vehicle and the legal and financial consequences resulting from 
violation of the law prohibiting driving under the influence. 
Sec. 4. Prohibited Act - It shall be unlawful for any person to drive or 
operate any motor vehicle while under the influence of alcoholic beverages, 
prohibited drugs andlor other prohibited substances. 
A person shall be considered under the influence of alcoholic beverages if 
it shall be established that he has a Blood Alcohol Concentration (BAC) level of 
0.08% or more. 
Sec. 5. Administrative License Suspension. - Right after arrest, when a 
driver suspected of violating this Act fails the chemical test as prescribed herein, 
a notice of suspension shall be served on him. The notice serves as a temporary 
permit to drive which shall be valid for a period not exceeding 45 days within 
which the suspension may be challenged. The permit shall automatically be 
revoked without need of any further order or declaration to that effect: Provided, 
however, that this section shall not be applicable to persons who have been 
previously arrested for allegedly violating the provisions of this ad, regardless of 
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the findings in the previous criminal prosecution, and those who have previously 
been found guilty of violating Art. 365 of the Revised Penal Code. 
independently and shall not be replaced by Administrative License Suspension. 
Sec. 6. Driver's Right to Contest. - If the driver controverts the finding of 
the apprehending or investigating police officer, the burden lies with him or her to 
prove that he is not under the influence of alcohol, drugs andlor other prohibited 
substances by immediately securing a blood test which result must show the time 
the same was taken and that the blood alcohol concentration level did not exceed 
point zero eight percent (0.08%). For purposes of this Section, "immediately" 
shall mean within two (2) hours from the apprehension or investigation. Such 
contest against the finding of the apprehending or investigating police officer 
must be done within the period provided in the next preceding section for 
challenging an administrative license suspension. 
Criminal Prosecution under this Act shall proceed separately and 
Sec. 7. Duty of Apprehending or Investigating Police Officer. - The 
apprehending or investigating police officer must inform the driver of his or her 
right to remain silent, that anything he or she says can be used against him or 
her, and he or she has a right to counsel before questioning. The officer must 
likewise inform the driver of his or her right to contest the apprehending or 
investigating officer's finding and the consequence of his or her waiver or failure 
to do the same within the period provided in the next two preceeding sections. 
Sec. 8. Classification of Offense. -Any offense committed in violation of 
this Act and the resulting violation of the Revised Penal Code shall be treated as 
acts malum prohibitum. 
Sec. 9. Implied Consent - Any person who drives or operates a motor 
vehicle on a street, road, highway or a public or quasi-public area shall be 
deemed to have given consent to a test or tests of such person's blood, breath, 
urine or other bodily substance for the purpose of determining hislher BAC level 
or the presence of prohibited drugs under the following circumstances: 
(a) If he exhibits some indication of alcoholldrug impairment while in 
motion, such as speeding, swerving, weaving in traffic or coming 
dangerously close to stationary objects or other vehicles; 
(b) If he is stopped for a traffic violation or any other offense alleged 
to have been committed while in motion; 
(c) If he is involved in an accident; 
(d) If he is about to enter an expressway, toll way, subdivision or 
public or private facility and the authorities thereat finds any reasonable 
basis to require screening tests such as alcoholic breath, slurred speech, 
sluggish or delayed reaction indicative that he may be under the influence 
of alcohol or prohibited drugs. 
Sec. 10. Screening Test. - When a law enforcement officer has probable 
cause to believe a driver to be driving under the influence due to manifestations, 
including erratic driving, poor coordination, or the presence of the smell of alcohol 
andlor other prohibited substances, the officer shall conduct field sobriety tests. If 
the driver fails the field sobriety tests, the driver shall be required to undergo 
confirmatory chemical tests. 
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Sec. 11. Confirmatory Tests. - Upon determination of probable cause of 
violation of this Act and as provided under the next preceding section, 
confirmatory chemical tests shall immediately be administered at the direction of 
the apprehending law enforcement officer at the laboratory of any authorized 
hospital, clinic or test center. Such tests shall consist of blood or urine sample 
analysis or any equivalent test to be conducted by any authorized medical or 
laboratory authority to determine the suspect's BAC level or the presence of any 
prohibited drug in his or her system. 
Sec. 12, Mandatory Confirmatory Chemical Tesfing. - Any driver or 
operator of a motor vehicle involved in a vehicular accident resulting in death or 
physical injuries shall be subjected to mandatory confirmatory chemical tests to 
determine the presence and/or concentration of alcohol and/or drugs. 
Sec. 13. Penalties. - Any person found guilty of violating the provisions of 
this Act shall be sentenced to suffer any of the following penalties: 
(a) First offense - a fine of Three Thousand Pesos (P3,OOO.OO) and 
suspension of the offender's license to drive for six (6) months, or 
imprisonment for not more than thirty (30) days, at the discretion of the 
court: Provided, that if during the period that the offender's license to drive 
was suspended, he commits the same offense again, in addition to the 
penalty specified in this paragraph, he will be sentenced to not less than 
thirty (30) days but not more than forty-five (45) days of imprisonment. 
(b) Second offense - a fine of Five Thousand Pesos (P5,000.00), 
suspension of the offender's license to drive for one (1) 
year and 
imprisonment of not more than thirty (30) days: Provided, That if during the 
period that the offender's license to drive was suspended, he commits the 
same offense again, in addition to the penalty specified in this paragraph, 
he will be sentenced to not less than six (6) months but not more than 
twelve (12) months of imprisonment. 
(c) Third and all subsequent offenses - a fine of Twenty Thousand 
Pesos (P20,000.00), suspension of the offender's license to drive for three 
(3) years and sixty (60) days imprisonment: Provided, That the additional 
penalty of not less than one (1) year but not more than three (3) years of 
imprisonment shall be imposed upon the offender who shall commit the 
same offense during the period when his license to drive is suspended. 
(d) In cases wherein a violation of this Act results to a violation of 
the Revised Penal Code or other laws, the penalty to be imposed is that 
provided under the Revised Penal Code had the act complained of been 
intentional, or arrest0 mayor, whichever is higher, and suspension of the 
offender's license tQ drive for five years. 
(e) If serious physical injuries resulted by reason of such violation, 
the penalty imposed shall be prision mayor, as defined under the Revised 
Penal Code, a fine ranging from Twenty Thousand Pesos (P20,OOO.OO) to 
Fifty Thousand Pesos (P50,OOO.OO) and suspension of the offender's 
license to drive for five years. 
(f) If death resulted by reason of such violation, the penalty imposed 
shall be reclusion temporal: Provided, That the additional fine of not less 
than Fifty Thousand Pesos (P50,OOO.OO) for every resulting death shall be 
imposed if several deaths occur by reason thereof. 
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The periods for the additional penalty of suspension of license to drive 
imposed by this section shall begin to run after service of sentence, as provided 
heretofore. 
The provisions of Article 39 of the Revised Penal Code imposing 
subsidiary imprisonment shall be applicable to this Act in case of non-payment of 
the fines herein provided. 
Sec. 14. Circumstances Affecfing Criminal Liabilify. - The appropriate 
provisions of Article 14 of the Revised Penal Code, in so far as they are 
applicable, shall have the effect of aggravating the accused’s criminal liability 
under this Act. 
The Provisions of Articles 1 1, 12, 13 and 15 of the Revised Penal Code, in 
so far at they shall work to justify, exempt or exculpate the accused from criminal 
liability, or to mitigate such liability, shall be inapplicable for purposes of this Act. 
Sec. 15. Implementing Rules and Regulations. - It shall be the duty of 
the Land Transportation Office of the Department of Transportation and 
Communication, in consultation with the other stakeholders, to promulgate the 
necessary implementing rules and regulation for the proper implementation of 
this Act. 
Sec. 16. Separability Clause. - If any part, section, or provision of this 
Act shall be held invalid or unconstifufional, the other provisions shall not be 
affected thereby. 
Sec. 17. Repealing Clause. - Any law, presidential decree or issuance, 
executive order, letter of instruction, administrative order, rule or regulation 
contrary to, or inconsistent with, the provisions of this Act is hereby repealed, 
modified or amended accordingly. 
Sec.18. Effectivity. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved, 
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