Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
FIFTEENTH CONGRESS

First Regular Session

House Bill No.__1516

Introduced by REP. AUGUSTO BOBOY SYJUCO, Ph. D.

EXPLANATORY NOTE

Alcohol intoxication is considered one of the most common causes of road
fatalities and/or vehicular accident not only in the country but worldwide as well.
Irresponsible drivers who drive under the influence of alcohol endangered both
their lives and the lives of his passenger/s and the innocent bystanders. A driver
is considered to be under the influence of alcohol if his blood alcohol
concentration level reaches 0.06 or more. At this level, mental and motor skills
are already impaired.

This bill therefore seeks to protect.the public from accidents caused by
motorist driving under the influence of alcohol by providing stiffer penalties for the
offenders. This bill penalizes a violator of a fine of not less than Five Thousand
Pesos (P5,000) but not more than Seven Thousand Pesos (P7,000) including
suspension and revocation of driver's license as well as one (1) month
community service. The bill also proposes that every applicant for driver's
license must complete a course of instruction which will educate him on the
effects of consumption of alcoholic beverages on the ability of a person to
operate a motor vehicle; the hazards of driving under the influence of alcohol;
and the corresponding penalties.

In view of the foregoing, immediate approval of this bill is earnestly sought.

Sa

AUGUSTO BOBOY SYJUCO, Ph. D.
2" District, Province of Iloilo


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
FIFTEENTH CONGRESS

First Regular Session

House BillNo__ 1516

Introduced by REP. AUGUSTO BOBOY SYJUCO, Ph. D.

AN ACT PENALIZING PERSONS DRIVING UNDER THE INFLUENCE

OF ALCOHOL

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the “Driving Under
the Influence of Alcohol (DUIA) Act of 2010”.

SEC. 2. Policy. - It is hereby declared the policy of the State to protect its
people from hazards brought about by accidents resulting from driving under the
influence of alcohol and similar intoxicating substances.

SEC. 3. Definition of Terms. - For purposes of this Act:

(a)
(b)

(o)

(d)

(e)

i)

Alcohol refers to alcoholic beverages classified into beer, wine and
spirit consumption of which produces intoxication;

Breathalyzer refers to a kind of equipment which can determine the
blood alcohol concentration level of a person through one’s
breath;

Chemical tests refer to breath, urine or blood test to determine the
blood alcohol concentration level and/or positive indication of
dangerous drugs;

Driving under the influence of alcohol refers to the act of operating
a motor vehicle while intoxicated with alcohol by reason of which
the driver's mental and motor skills are impaired, or when the
driver's blood alcoho! concentration level is zero point zero six
(0.06) or more:

Field sobriety tests refer to standardized tests to assess and
determine intoxication, including the horizontal gaze nystagmus,
the wall-and-turn and the one-leg stand; and

Motor vehicle refers to anything that carries people or goods
powered by a motor or engine.

SEC. 4. Driver's Education. — Every applicant for a drivers license shall
complete a course of instruction that provides information on driver and safety
matters, including the effects of consumption of alcoholic beverages on the ability
of a person to operate a motor vehicle; the hazards of driving under the influence
of alcohol; and the penalties attached for violation thereof.


The driver's license test shall include written questions concerning the
effects of consumption of alcoholic beverages, the ability of a person to operate a
motor vehicle and the legal and pecuniary consequences resulting from violation
of this Act.

SEC. 5. Punishable Act. — It shall be unlawful for any person to drive a
motor vehicle under the influence of alcohol. A law enforcement officer who has
probable cause to believe that a driver is driving under the influence of alcohol by
apparent indications and manifestations, including erratic driving, poor
coordination or the presence of the smell of alcohol, may conduct field sobriety
tests, If the driver fails in the sobriety tests, it shall be the duty of the law
enforcement officer to determine his blood alcoho! concentration level through
the use of a breathalyzer.

SEC. 6. Penalties. — Without prejudice to criminal prosecution for violation
of the Revised Penal Code, whenever applicable, a driver found to have been
driving a motor vehicle while intoxicated, as provided for in the immediately
preceding section, shall be penalized as follows:

(a) For the first offense — a fine of Five thousand pesos (Php5,000.00) and
two (2) months suspension of driver's license;

(b) For the second offense ~ a fine of Six thousand pesos (Php6,000.00) and
three (3) months suspension of driver's license;

(c) For the third offense — a fine of Seven thousand pesos (Php7,000.00) and
six (6) months suspension of driver's license; and

(d) For the succeeding offenses - a fine of seven thousand pesos
(Php7,000.00) and automatic revocation of driver's license. Within the
period of suspension, the offender shall be required to render community
service for a period of one (1) month. No driver's license shall be returned
unless this requirement is complied with.

SEC. 7. Mandatory Alcohol Testing of Drivers Involved in Fatal Motor
Vehicular Accidents. - All drivers of métor vehicles involved in vehicular
accidents resulting to loss of lives or physical injuries of serious nature shall be
subjected to chemical tests to determine the presence and/or concentration of
alcohol. Implementing guidelines for said tests shall be undertaken by the Land
Transportation Office (LTO), the Philippine National Police (PNP), the Philippine
Drug Enforcement Agency (PDEA) and other agencies with related functions.

SEC. 8. Separability Clause. — If, for any reason, any part or provision of
this Act is declared invalid, such declaration shall not affect the other provisions
of this Act.

SEC. 9. Repealing Clause. — The provisions of laws, decrees, executive
orders, ordinances, rules and regulations inconsistent with this Act are hereby
repealed, amended or modified accordingly

SEC. 10. Effectivity. - This Act shall take effect fifteen (15) days following
the completion of its publication in the Official Gazette or in two (2) national
newspapers of general circulation.

Approved,