CONGRESS OF THE PHILIPPINES
FIFTEENTH CONGRESS
First Regular Session

HOUSE OF REPRESENTATIVES

W.B.No. 2254

EXPLANATORY NOTE

Every year thousands of lives are lost because of motorists driving under the
influence of alcohol, and illegal and dangerous drugs. The safeguard and protection of
individuals who are in danger and peril brought about by accidents as a consequence of
drivers under the influence of alcohol and other similar intoxicating substances cannot be
subject to dispute.

It is of paramount duty of the State that said offenders be penalized and accosted
before they endanger the public with their behaviour.

This bill seeks to penalize persons or operators of motorized vehicles driving under
the influence of alcohol, illegal drugs, and such other controlled substances that alter drivers”
ability to operate motor vehicles. The proposed measure establishes the manner and
procedure for the conduct of sobriety tests upon determination of probable cause by the law
enforcement officer. It also prescribes the penalties involved in case of violation thereof,

In view of the foregoing, the passage of this measure is earnestly requested.

28 Le
IMELDA CALIXTO-RUBIANO

Representative
Lone District of Pasay City


Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City

FIFTEENTH CONGRESS
First Regular Session

DA 5A

HOUSE BILL NO. __*4°4

Introduced by Representative Imelda Calixto-Rubiano

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 I. Short Title. - This Act shall be known as the “Driving Under the Influence of
Alcohol, Illegal Drugs, and Controlled Substances (DUI) Act of 2010”

SEC. 2. State Policy. ~ itis hereby declared the policy of the State to protect and safeguard
its people from danger and peril brought about by accidents and mishaps as a consequence of
a person driving under the influence of alcohol and other similar intoxicating substances.

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

(a) Alcohol refers to alcoholic beverages classified into beer, wine and spirit

consumption that produces impairment of mental and motor skills resulting to intoxication;

(b) Dangerous Drugs Include those listed in the Schedules annexed to the 1961 Single
Convention on Narcotic Drugs, as ammended by the 1972 Protocol. and in the Schedules
annexed to the 1971 Single Convention of Psychotopic Substances as enumerated in the
attached annex which is an integral part of Republic Act #9165 otherwise known as the
“Comprehensive Dangerous Drugs Act of 2002”.


(c) Breathalyzer refers to a kind of equipment that determines blood alcohol
concentration level of a person through his or her breath:

(a) Chemical tests refer to breath, urine and/or blood test that determine the blood.

alcohol concentration level and/or positive indication of dangerous or prohibited drugs;

(©) Driving under the influence (DUI) refers to the act of operating a motorized
vehicle while intoxicated with alcohol, illegal drugs, and other mind altering substances such
that the mental and motor skills of said operator or driver are weakened or impaired, and/or
when the blood alcohol concentration level of said operator or driver is zero point zero six

(0,06) or more;

(f) Field sobriety tests refer to standardized tests in order to assess and determine
intoxication level, including the horizontal gaze nystagmus, the wall-and-turn and the one-leg

stand;

(g) Motorized vehicle refers to means of transport of persons or goods powered by a

motor or an engine.

SEC. 4, Education of Driver. — It is hereby mandated that every applicant for a license to
drive or operate a motorized vehicle shall complete a driver's training course that notifies and
informs him or her of safety matters, including but not limited to the effects of consumption
of alcoholic beverages, illegal and dangerous drugs and other similar substances on the ability
of a person to operate a motorized vehicle; the hazards and risks of such behavior; including
the penalties attached for it’s violation.

‘The license test shall include written questions on the effects of consumption of
alcoholic beverages, illegal and dangerous drugs, and other similar substances, and its

accompanying legal consequences resulting ftom the violation of this Act.

SEC. 5. Punishable Act, — It shall be unlawful for any individual or person to drive a
motorized vehicle under the influence of alcohol, illegal and dangerous drugs, and other
similar substances. A law enforcement officer who has determined probable cause that said

driver or operator of motorized vehicle is driving under the influence by clear and evident


indications and manifestations, including erratic or irregular driving, poor coordination or the

presence of the smell of alcohol or illegal drugs, may conduct field sobriety tests.

In case the driver or operator of motorized vehicle fails in the sobriety tests conducted
by the law enforcement officer, the officer is hereby tasked and mandated to determine the

blood alcohol concentration level of the driver 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 or operator of motorized vehicle found to have
been driving under the influence of alcohol, and/or illegal and dangerous drugs as provided

for in the immediately preceding section, shall be penalized as follows:

(a) For the first offense ~ a fine of Fifteen Thousand pesos (PhP15,000.00) including
one (1) month suspension of driver's license;

(b) For the second offense — a fine of Twenty Five Thousand Pesos (PhP 25,000.00)
including two (2) months suspension of driver's license;

(c) For the third offense ~a fine of Fifty Thousand Pesos (PhP50,000.00) and an

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 and/or issued

unless this requirement of rendering community service is hereby complied with.

SEC. 7, Mandatory Alcohol Test for Drivers Involved in Fatal Motorized Vehicular
Accidents. — All drivers and operators of motorized vehicles that were involved in vehicular
accidents and/or mishaps that resulted in a loss of life or serious physical injuries, as defined
in the Revised Penal Code shall be subjected to chemical tests to determine the presence
and/or concentration of alcohol, illegal drugs, and other similar substances. The pertinent

id chemical tests shall be undertaken by the
Land Transportation Office (LTO), the Philippine National Police (PNP), and the Philippine

implementing guidelines for the conduct of

Drug Enforcement Agency (PDEA).


SEC. 8. Repealing Clause. ~ Ail laws, presidential decrees, executive orders, proclamations,
rules and regulations which are inconsistent with the provisions of this Act are hereby

repealed or modified accordingly.
SEC. 9. Separability Clause. — If, for any reason, any section or provision of this Act shall be
held unconstitutional or invalid, the other section or provision not otherwise affected shall

remain valid.

SEC. 10, Effectivity Clause. ~ This Act shall take effect fifteen (15) days from its publication

in the Official Gazette or in at least two (2) newspapers of general circulation.

Approved,