FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
S. No. 
956 
Introduced by Senator Manuel "Lito" M. Lapid 
EXPLANATORY NOTE 
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Alcohol is society's legal, oldest, and most popular drug. In 2002, 
it was estimated that a total of 14,700 individuals in the United States, 
died in alcohol related traffic crashes. This figure comprises 41 % of the 
42,815 reported traffic fatalities. Here in the Philippines, although such 
figures are not similarly available, however, it is well known that driving 
under the influence of drugs of alcohol present a serious and growing 
threat to the safety of the populace. 
This bill seeks to define as a crime the act of driving any motor 
vehicle while under the influence of alcohol and/or drugs above 
prescribed limits. 
Furthermore, the bill seeks to establish the penalties to be levied 
against potential offenders. 
In view of the foregoing, the early passage of this law is earnestly 
sought. 
MA 
Senator 


FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
S. No. 956 
Introduced by Senator Manuel "Lito" M. lapid 
AN ACT 
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DEFINING AS A CRIME THE ACT OF DRIVING ANY MOTOR 
VEHICLE 
WHILE 
UNDER 
THE 
INFLUENCE 
OF 
ALCOHOLIC 
BEVERAGES 
AND/OR 
PROHIBITED 
DRUGS 
AND 
PROVIDING 
PENALTIES THEREFOR 
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 "Anti-
Drunk Oriving Act of 2010". 
SEC. 2. 
Declaration of Policy. -
It is hereby declared the national 
policy of the state to minimize, it not totally eliminate, injuries and death due to 
accidents caused by persons driving or operating any kind of motor vehicle while 
under the influence of alcoholic beverages and/or prohibited drugs. 
SEC. 3. 
Prohibited Act. - It shall be unlawful for any person to drive 
or operate any motor vehicle while under the influence of alcoholic beverages 
and/or prohibited drugs. A person shall be considered under the influence of 
alcoholic beverages if it shall be established that he/she has a blood alcohol 
concentration (BAC) level of 0.6% or more. 
SEC. 4. 
Implied Consent. -
Any person who drives or operates a 
motor vehicle on a street, road, highway or quasi-public area shall be deemed to 
have given consent to a test or test of such person's blood, breathe, urine or other 
bodily substance for the purpose of determining his/her BAC level or the presence 
of prohibited drugs. 


SEC. 5. 
Screening Tests. -
Screening tests to determine probable 
cause of violations of this Act may be administered by authorized law enforcement 
officers on any driver or operator of a motor vehicle: 
, 
(1) 
exhibiting some indication of alcohol/drug impairment while in 
motion, such as weaving or coming dangerously close to stationary objects or 
other vehicles; 
(2) 
stopped for a traffic violation or any other offense alleged to have 
been committed while in motion; or 
(3) 
involved in an accident. 
The screening tests may consist of sobriety test such as Standardized Field 
Sobriety Test (SFST) or chemical tests with the use of passive alcohol sensors 
such as breathe analyzers and similar equipment duly approved by the 
Department of Health (DOH). 
SEC. 6. 
Confirmatory Tests. - Upon determination of probable cause 
of violations of this Act, 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/her system. 
SEC. 7. 
Refusal to Submit to BAC Testing. -
The suspect may 
choose which among the available confirmatory test shall be administered on 
, 
him/her: Provided, however, That the failure, inability or refusal of the suspect to 
obtain· said tests shall not preclude the admission of evidence relating to the 
screening test administered by the apprehending law enforcement officer. 
SEC. 8. 
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 One thousand pesos (Php 1,000.00) and the 
suspension of his/her license to drive for one (1) year or thirty (30) days 
imprisonment, at the discretion of the court. 
(b) 
Second Offense - A fine of Five thousand pesos (Php 5,000.00), 
suspension of his/her license to drive for five (5) years and thirty (30) days 
imprisonment. 
(c) 
This and all Subsequent Offenses - A fine of Ten thousand pesos 
(Php10,000.00), revocation of his/her license and thirty (30) days imprisonment: 
Provided, That the additional penalty of one (1) year to five (5) years imprisonment 
shall be imposed upon the offender who shall commit the same offense during the 
period when his/her license to drive is suspended and/or revoked. 
SEC. 9. 
Liability Under Other Laws. - A prosecution under this Act 
shall be without prejudice to any liability for violation of any provisions of Act 3185, 
as amended, otherwise known as the Revised Penal Code: Republic Act No. 
9165, or the Comprehensive Dangerous Act of 2002; or any other law. 
SEC. 10. 
Promulgation of Implementing Rules and Regulations. -
The Department of Transportation and Communications (DOTC), in cooperation 
with the Traffic Management Group - Philippine National Police (TMG-PNP), the 
Metro Manila Development Authority (MMDA), the Department of Health (DOH), 
the Department of Justice (DOJ) and the Department of Interior and Local 
Government (DILG), shall promulgate the rules and regulations to implement the 
provisions of this Act and shall raft strategies that would encourage community 
participation and cooperation among local government units, the media and the 
PNP. 
SEC. 11.. 
Separability Clause. - If any provision or part hereof is held 
invalid or unconstitutional, the remainder of the law or the provisions not otherwise 
affected shall remain valid and subsisting. 
SEC. 12. 
Repealing Clause. - Section 53, in relation to Section 56 (f) 
of the Land Transportation and Traffic Code and all other laws, presidential 


• 
decrees,executive orders, proclamations and/or administrative regulations which 
are inconsistent with the provisions of this Act, are hereby amended, modified, 
superseded or repealed accordingly. 
SEC. 13. 
Effectivity Clause. - This Act shall take effect fifteen (15) 
days from its publication in the Official Gazette of in at least two (2) newspapers of 
general circulation. 
Approved,