HGUSE OF REPRESENTATIVES
«Quezon City, Metro Manilz

FIFTEENTH CONGRESS:
First Reguiar Session

House BLNo 47 33

IN. RENE LOPEZ RELAMPAGOS
District, Bohol

EXPLANATORY NO’

It caanot be discuted shat driving uner t1e influence (DUD) of ulcohot or drugs can have
grave consequences fur the intcxicated driver as weil as anyone sharing the row! wich him. ‘UL
of alcoholic beverages or drugs is a serious problem, constituting one of the largest gro.p of
traffic violations in our country and in many countries in the world. In the United States, siudies
of first offenders have ound out that more than half of them are alcoholics or problem dr‘akers.
There are higher percentages of problem drinkers among second offenders then «rvong Girst
offenders.

Unfortunately, there a: no official studies made and publishe! by the Land
Transportation Office (LTO) in ~ut country about first ofléaders and second vifunders under
DUI of alconol and drugs. Our ole lew, specifically Republic Act (R.A.) No. 4136. 25 amended
or the Lang Transportation and Traffic ‘ode, merely prohibits driving under the inficence (DUI
of liquor or nareo:.¢ dr. x with a corresponding light penalty of P1,000.00 or impr'sonnacnt of not
Jess than 3 monitss ror nice than 6 months. or both, at the discretion of the cour: But R..1, No.
41136, as amended, is grossly inadequatz, 2 it does not provide wnat constitutes: 1) DUI of
alcohol or drugs, 7’ DU! of aicohol or drugs causing injury. 3) chernica} test procecure lor tae
purpose of determinirg tke alcoholic content. or the blood, breath or urine of the per.on
apprehended for DUI of alcohol: beverages or drugs, and 4) penalty for repeat off:aders of ihe
prohibition against DUE of alcohol or drugs.

Moveover. the said law does not state what are the offenses involving alcohel und irugs.
such as bat not limited to: drinking while driving, drinking in motor vehicle, possess'o., of dru
or open container white driving, possession of open container ir motor vebicle. p>. :ssion of
atcohol in vehicle of a person ander 18 years old and storage of opened contaier in passenger
compartment. Also, R.A. 4136, as amended does not provide penalties for: 1, D™Ji for persons
under 18 of age, 2) DUI 6’ alcohol or drugs or combirtion of both, and 3) penalties for
DU causir g injury, additional punishments, probation, procedures and presump-ions affecting
the burden of proof upon the trial of any: criminal action or preliminary proceeding i a criminal
action, arising out of ac:s alleged to have been committed by any person while DUT of alcohol or
drugs.

There are two (2) biils on DUI in the Senate and House of Representatives filed during
the past Cosgresses which unfortunately were rei passed into law that will amend the said R.A.
No. 4136, as amended: These are Senate Bill'No. 1398 sponsored by then Senator Richard J.
Gordon in the 13" Congress, First Regular Session and House Bill No. 7083 jainily sponsored by
Representatives Monico O. Puentevella and Felix R. Alfelor, Jr. in the 14" Congress which was.
approved by the House of Representatives but was not approved by the Senate during the said
period.



We are quoting and adopting with approval 2 portion of the explanatory ee 4 thon
Senator Gerdon’s SB No, 1398, as follows

“Drunk driving or driving undex the irthicnee of alcohol andor dr
which remains a woridwide leading factor in motor vehicle accidents. is
big. problem ia our coun; that has not been properly addressed. While
official reports (er the lack thereuf) do not accuraicly show the
deleterious effects of drunk driving wn our country, it cannot be denied
that it is indeed a weave public concern that needs to be dealt with more
seriously. Our aniiquated laws. particularly Republic Act No, 4136. a»
amended. of the Land Transportation and Traftic Code. which mere!
prohibits driving under the influence of Liquor or narcotic drug ¥
Lorresponding miniscule penalty for violation. do not address Lue
Seriousness of the matter. in many jurisdictions, driving under ¢
influence of liquor anddrwys is considered a great concern that is
combated though stricter penvlties and methodical laws that seek o
eflectivety and efficiently eliminate the problem.

(Our country can lean from the fessons and experiences about DU! af a developed
Quoting fom an encyclopedia report (Wikipedia. The bree

“Driving under the influence (driving while intoxicated drunk driving
operating under the influence, drinking and driving, impaired driving) is
the act of operating any motorized machinery after/during the
consumption of alcohol or other drugs. DUE or DWI are synonymous
terms that represen’ the criminal offense of operating (or in some
surisdictions merely being io physieal control of) a motor vehicle while
neing under the influc:ee of alcohol of drugs or combination of bow. It
isu criminal offense in msst countries.”

“Some states in the United States now bave two (2) statulury offens.s.
The first is the waditonal offease. variously called driving under de
influence of atcohol (DUD. driving while intoxicated‘impaired (DW) or
operating while intoxicated‘impaired (OW!). The second and more revene
is the so-called itlegal per se offense of driving with  blood-aleoitt
concentration (BAC) of 0.08% «previously 0.10%) of higher. In meri
states, the timing of she chemical test is important because the haw
mandates a result within a given time period afler the driving stopped,
usually two (2) hours. The first offense requires proof of intoxication,
although evidence of BAC is admissible as rebutiably presumptive
evidence of that intoxication; the second requires only proof of BAC it
the time of being in physical contol of a motor vehicle. An accused 0
be convicted of both offenses. but may only be punisaed tor one. sss

“ft is also a criminal offense in all states to drive a vehicle under the
influence o¥ drugs (DULD;. or under the combined influence of alecbot
and drugs, the drugs themselves need not be illegal. but car be
prescription oy even over-the counter, In some states, the effects of some.
herhai remedies (such as Kaya Kava extract fall imo this catcgury.
Severah states also have enacted stalutis «© create a DU] erfense by viru
‘of huiting noxious fumes. such a5 giuc sniffing or inhaling simiiar
volatile chemical tunes. DU Limpairment statutes require that viviaticns
be supported by evidence of impairmem as a resalt of the drugs or drugs
and alcohol, of by any noxious vapors Some states have recently passed



laws making driving with mere presence of certain drugs (such os
marijuana or its metabolites) a erisainal offense. ‘These new’ statutes are
sometimes referred to as the DLf-drugs per se statutes

‘Some states also include a lesser charge of driviag with a BAC of
6.05%; other states limit this offense to drivers under the age of 21. SIL
slates Ax A also now have zero tolerance laws: the license of anyone
under 7] driving with any detectable alcohol in their blopdsweam (BAC
limits of 0.01% or 0.02% apply in some state will be suspended. x xx”

~The blocd-alcohol limit. for commercial drivers is 0.44%.
Conmnercial drivers are also subject te stricter punishments for execedia
wre bloo-aleohoi limit, According to she U.S. National Highway f rattle
Safety Administration (NHTSA}. drivers are considered to be alco!
impaired when their blood aleahol concentration (BAC) is 08 grams per
decifiter (g/dL) or higher. Thus. any fatality occurring
involving a driver with a BAC of 6.8 or higher is considered 10 be an
alcohol-impaired-driving fuality. The term “driver” reters to the
operator of any motor vehicle. including a motorcycle.”

in a crasty

Pilots of aircraft may not fly Jess than eight (8) hours utter
consunting alcohol, while under the impairing influence of aleobol or any
etber drug. or while showing 4 blood alcohol concentration equal to or
sreatcr than 0,04 geams per deciliter of blood.”

“The various versions of “driving under the influence” generally
constitulc a misdemeanor {punishable by up to one year in gaily
However, the oflense may be elevated io a felony (punishable by « longer
term in state prison) if the incident caused serious injury (lelony DUE.
death (vehicular munslaughter ot vehicular homicide) or extensive
property damage ( a state speciticd dollar amount) or if the defendant fas
a designated number of prior DUI convictions within a given time perind
(commonly, 3 prior convictions within 7 sears), California, which is
being followed by a growing number of states, now charges secumt-
degree murder wheie the legal state of mind of malice exists — that is
where the defendant exhibited a reckless indifference to the lives of
others.”

Among the Southeast Asian coumuries, the said encyclopedia recorded thatthe
Philippines, indonesia and Vietnam have no blood ‘alcohol limit, Alcohol i: regulated in
Indonesia.

stried!:

This bill secks to address the prodiem of DUL in our country and to remedy the
detiviencies of RA. 4136, as amended, as we have emphasized above with respect to DUT of
alcohol ur drugs or combination of both. in order to accomplish that objective. this bill
incorporates and adopts extensively the relevant provisions of the bills embodied in SB No. 198
ol then Senator Gordon, HB No. 7083 of then Representatives Puentevella and Alfelor, Jr. us
well as the recent developments of DUL laws in the United States expecially in the Stats of
Calitornia and in other Asian countries like Singapore.

In view of the above, the early passage of this bill is earnestly requested.
&
iN
RENE LOPRZ RELAMPAGOS


Republic of the Philippines
HOUSE GF REPRESENTATIVES
Quezva City, Metro Manila

ELFTE:.NTH CONGRESS
Firs: Keguiar Session

HOUSE BIE No. , 4799

introduced by HON. RENE LOPEZ RELAMPAGOS
I District, Bobol

AN ACT
PENALIZING PERSONS DRIVING UNDER THE INFLU
OF ALCOHOLIC BEVERAGES AND/OR DRUGS AND FOR OTH!

ENCE,
PLRPOSES

SECTION 1. Title. ~ This Act shall be known as the “Driving Under the Intlucace ot
Alcoholic Bes er dor Drugs Act of 2011."

SFC, 2. Policy. ~ ft is the deciared policy of the State to protect its people Irom nazar
drought about by driving under the influence [DUY. driving under intense inruence {DU 11]
driving whive imoxicated [DWI]. operating while intoxicated [OWT]. operating a motor veb-cle
while imoxicated [OMVE], driving under the combined influence of alvohol and or other di
driving under the influence per se or drunk in charge (of a vehicle), operating & sehicke «
imparted {OVH. aid driving while ability impaired {DWAI|, of alcoholic beverages. and stair
imosicating substances and/or drugs that endanger lives and property

le

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

Lb “Aleoholie Bev includes any kind of liquid or of solid material intended t be
sted by « person which contains ethanol. also known as ethyl aleohol. drinking uleohei ur
alcohol. including but not limited 10, alcoholic beverages, intoxicating liquer. malt beverage.
pirits. liqueur, whiskey. rum, vodka. cordials. gin, brandy and any mixture ufone or
e beverages whether found ingested separately or a mixture.

wine.
hu

(2) “Breathalyzer” - reters 10 a Kind of equipment or device which can determine or
estimate the blood alcohol concentration (BAC) level and/or positive indication of dangerous
drugs trom a breath sample.

3) “Motor Vehicle” _ is a motor vehicle as defined in Sec. 3(a) of Republic Act No.
41 3p, as amended of the Land Transporation and Traffic Code.

(4) “OfT-Highway Motor Vehicle” includes, but is not limited to, the foltow ing:
(A) Any motorcycle or motor-driven cycle.

(8) Any motor vehicle commonly referred (0 as a sand bugys. dune bugs. or
allterrain vehicle.

\C) Any motor vehicle cornmonly referred to as a jeep.


5) “Camper trailer” - is a vehicle designed to be used on a highway, capable
habitation for cwaping oF recteational parposes. that docs not exceed 16 fect in overall wngth
trom the foremost point of the trailer hitch (© the rear extremity of the trailer body anu dees pot
exceed 96 inches in width and includes a tent trailer, Where @ trailer telescopes for iivel. the
size shall apply to the trailer as fully extended. Notwithstanding any other provision of ian. «
amp uuile: shall not be deemed io be a trailer coach

(o. “Camper” - is a structure designed to be mounted upon a motor ywhicle and Ww
provide facilities for hunvan habitation or camping purposes. A camper having one (1) aste stall
nut be considered a vehicle.

(7) “House car” «is a motor vehicle originally designed, or permanently ered. abd
equipped for buman habitation, t which a camper has been permanently attsche tA’ Metei
vehicle to which a camper has been temporarily attached is not a house ear

(8) “City” ~ includes every city and municipality within the Philippines

19) “Commercial vehicle” - is a motor vebicle of a type required tw be registered under
the Land Transportation and Traffic Code used or maintained for the wansportation of persons
for hire. compensation or profit or designed. used or maintained primarily for the transportation
ot property. Passenger vehicles and house cars that are not used for the transportation af persons
fur hire. compensation or profit are not commercial vehicles. Any vanpoul sebicle is net
commercial vebicle. The term “commercial vehicle” also inchides the “passenyer automobiles
as defined under Scetion 3(b) of R.A. No. 4136. as amended.

(10) “Driver” - is a person who drives or is in actual physicul control of a vehicle. The
term “driver” does not include the tillerman of other person who, in an auxiliary capacity, assists
the driver in the steering or operation of any articulated firefighting apparatus. “The tenn “driver”
‘alse include the “driver” and “professional driver” as defined under Sections Muy and 311 of
R.A. 4136. as mended.

ORAL

wed ie See. Fee

4136, as amended.

(12) “Driver's License” - is a valid license ww drive the type of motor vehicle of
combination of vehictes for which a person is licensed under the Land ‘Uransportation and Traffic
Code.

U3) “Driving Under Influence of Alcohol or Drugs” - is the act of operating # motor
aehicle while intoxicated with alcohol and/or drugs which the driver's mental and motor skills
ate impaired. or when the driver's blood alcohol content/cancentration level (BAC) Is 0.66 or
more,

(14) “Drug! - means any substance or combination of substances, other than alcohol.
which could so aliect the nervous system. brain or muscles of a person as Ww impair. 10
appreciable degree. his ability to drive a vehicle in the manner that an ordinarily prudent ana
cautious man, in lull possession of his faculties. using reasonable care. would drive a si:nilar
vehicle under like conditions,

U5) “Highway” - is a way or place of whatever nature, publicly maintsined nd apen to
the use of the public purposes of vehicular travel. Highway includes street. Highway shail aine
mean the “highway” as defined in See. 34) of R.A. No. 4136, as amended.

(46) “Motereycle” - (A) is a motor vehicle having a seat or saddle tor the use of the

rider. designed (o travel on not more than three (3} wheels in contact with the ground.


(B) A motor vehicle that has four wheels in contact with the ground. (wo
3 functional part of a sidecar. is a motorcycle if the vehicle otherwise comes wah t
definition of subdivision (A).

NST

(C ) A farns tactor is nota motorcycle.

WD) A three-wheeled motor vehicle that othenwise meets the requirements oF suintty pis
(A), has partially or completely enctosed seating area for the driver and passenze ned
hy local public agencies Tor the enforcement of parking control provisions and is
operated at stow speeds un public streets, is not a motorcycle.

(17) “Motor-Driven Cycle” - is any motorcycle with a motor that displaces tess than 15
cubic centimeters.

SEC. 4. Driving Under Influence of Alcoho} and/or Drugs. - (1) it is unlawtul for
any person who is under the influence of any alcoholic beverages or druys or under the combined
influence of any alcoholic beverages and drugs. 1o drive a vehicle.

(2) itis unlawful for any person who has 0.08 percent or more. by weight, of alcoho in
his or her blood to drive a vehicle.

For pusposes of this section, percent by weight. of alcohol in a person's blood is tused
upon wrams of alcohol per 100 milliliters of blood or grams of alcohol per 210 titers of breath

In any prosecution under this subdivision. it is a rebuttable presumption that the perouti
hat 6.68 percent or more, by weight, of alcobet in his or her blood at the time of driving the
Aehicle if the person had 0.08 percent or more. by weight of alcohol in bis or her blood ut the
time of the performance of a chemical test within three (3) hours after the drivin

(3) [vis unfawtul for any person who is addicted to the use of any drug to dnve a sehicle.
his subdivision shall not apply to a person who is participating in a narcotic program appros<d
by the Department of Health or Philippine Drug Enforcement Ageney (PDEAY vr other
governmental agency with retated functions.

(4) Leis unlawful for any person who has 0.04 percent or more, by weizht, af aleohel to
drive a commercial motor vehicle, as defined in Section 3(9) of this Act

fw any prosecution under this subdivision. it is a rebuttable presumption that the person
had 0.04 percent or more, by weight, of alcohol in his or her blood at the time oF driving the
vehicle il the person had 0.04 pereent or more. by weight, of alcoho! in his or her blood at the
time of the performance of a chemical test within three (3) hours after the driving.

SEC. 8. Driving Under influence of Aleobol and/or Drugs Causing Injury

(1) Iris unlawful for any person. under the influence of any alcoholic beverages or drugs
oy under the combined influence of any alcoholic beverages and drugs to drise a schicle and
concurrently do any act forbidden by law. or neglect any duty imposed by law in driving the
cle. which act or neglect proximately causes bodily injury to any person other than the

©) It ig unlawful for any person, while having 0.08 percent or more. by weight. of
aleohol in his or her blood to drive a vehicle and concurrently do any act forbidden by tase. ot
negieet any duty imposed by law in driving the vebiele. which acl or neglect proximately causes
bodily injury to any person other than the driver.



(5) "Camper trailer” - is a vehicle designed (0 be used on a highway. capaoly ot bust
habitation for camping or recreational purposes. that dees not exceed 16 feet in @ erat length
‘om the foremost point of the trailer hitch to the rear extremity of the trailer buds und Joes mit
cxceed 96 inches in width and includes a tent trailer, Where a uailer telescopes for tr el dw
shall. apply to the trailer as fully extended, Notwithstanding any other provision of kis. a
camp trailer shall not be deemed tw be a trailer coach,

(6) ~Camper” - is a structure designed t be mounted upon a motor vebicie and bi
pros ide luvilities [or human habitation or camping purposes. A camper having onc (1) axle snail
not be considered a vehicle,

<2) “House ear” - is a motor vehicle originally designed. of permanently altered. sa
equipped for human habitation, 10 which a camper has been permancaily attsched A mister
Sehicle ty which a camper has been temporarily attached is not a house ear

18) “City” - includes every city and municipality within the Philippines.

(9) “Commercial vehicle” - is a motor vehicle ofa type required to be registered under
the Land Transportation and Traffic Code used or maintained for the transportation of persons
for hire. compensation or profit or designed. used or maintained primarily tor the wanspantion
of property. Passenger vehicles and house cars thal are not used for the transportation ol persons
for hire, compensation of prolit are not commercial vehicles. Any vanpool vehicle is now a
commercial vehicle. The term “commercial vehicle” also includes the “passenger automobiles
as defined under Section 3(b) of R.A. No. 4136, as amended.

(10) “Driver” ~ isa person who drives or is in actual physical control of a vehicle, The
tem “driver” docs not include the tillerman o¢ other person who, in. an auxiliary capacity. asists
the driver in the steering or operation of any articulated firetighting apparatus. fhe tem “rivet”
also include the “driver” and “professional driver” as defined under Sections dy and ter ot
R.A. 4136. as amended.

feral RAL

(11s “Articulated vehicle” - shall mean any motor vebicle as defined in See.
4130, as amended,

(2 “Driver's License” - is a valid Ticense 10 drive the type of motor schicle or
contbination of vehicles for which a person is licensed under the Land Transportation wad Trattic
Code.

(13) “Driving Under Influence of Alcohol or Drugs” - is the act of operating a motor
\chicle while intoxicaied with alcohot and/or drugs which the driver's mental and motor skills
are impaired, or when the driver's blood alcohol contenticoncentration level (BAC) is 0.00 or
more.

(14) “Drug” - meatis any substance or combination of substances. other than alechol.
\hich could so affect the nervous system. brain or muscles of # person as to impair. 20 an
appreciable degree, his ability to drive a vehicle in the manner that an ordinarily prudent and
<autiuus man, in full possession of his laculties, using reasonable care, would drive a wmilar
\chicle under like conditions.

(15) “Highway” - is a way or place of whatever nature, publicly maintained «ad open
the use of the public purposes of vehicular travel. Highway includes street, Highway shail abe
meun the “highway” as defined in Sec. 3(j) of R-A. No. 4136, as amended,

(Jo) “Motorcycle” - (A) is @ motor vehicle having 4 seat or saddle for the use of the
rider. designed to tavel on not more than three (3} wheels in contact with the ground


In any prosecution under this subdivision, it is a reouttable presumption Yat that the
person had 2.08 percent or more. by Weight, of alcoho! in his or her blood at the Hate of deivins,
the vehicle if the person had 0.08 peicent or more, by weight, of alcohol in his or hice bloat at ihe
time of the perlormance of a chemical test within three (3) hours after diving,

(3) In proving the person neglected any dury imposed by law in driving tx vehicle. 11s
not necessary fo prove that any specific provision of Republic Act No. 4)36. us amended or the
Land Transportation and Traffic Code was violated.

(4) It is unlawful for any person, while baving 0.04 percent or more. bs we!
alcohol in his er her blood to drive a commercial vehicle, as defined in Section 309) of this /
find concurrently do any act forbidden by law or neglect any duty imposed by kaw in driving the
cuhicle. which act or neglect proximately causes bodily injury to any person other than the
driver

In any prosecution under this subdivision, it is a rebunable presumption that the person
had 0.04 percent or more, by weight, of alcobot in his oF her blood at the time of driving. the
vehicle if the person had 0.04 percent or more, by weight. of alcohol in his or her blood at the
time of performance of a chemical test within three (3) bours afier driving.

SEC. 6. Driving Under the Influence of Alcoho! While on Probativn for Prior
Driving Under the influence (DUD. — (1) It is unlawful for a person who is on probation for a
Cialation of Sections 4 undior 5 of this Act to operate a motor vehicle at any time with a blood-
aleohol concentration of 0.01 percent or preater, as measured by a preliminary alcohol sercening
test or other chemical test

(2) A person may be found in violation of subdivision (1) if the person was. al the time
of driving. on probation for a violation of Sections 4 and/or 5 of this Act and the trier of fact
finds that the person who had consumed an alcoholic beverage and was driving « vehicle with &
plood-aleohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol
screening test or other chemical test.

(3) (A) A person who is on probation for a violation of Sections 4 and’or 3 who drives
mwtor vehicle is deemed to have given his or her consent to a preliminary sicoho! screemny test
vy ouher chemical test for the purpose of determining the presence of alcohol in the person. if
lawfully detained for an alleged violation of subdivision (1).

{B) The testing shall be incidental to a lawful detention and administered at the
direction of a peace officer having reasonable cause to believe the person js driving a
motor vehicle in violation of subdivision (1).

(C) ‘The person shall be told that his or her failure to submit to, or the failure 1
complete, « preliminary alcohol screening test or other chemical test as requested
Will result in the suspension of revocation of the person's priviizge uy operate
motor vehicle for a period of one (1) year to three (3) years.

SEC. 7. Alcohol: Persons Under 18 Years of Age. - (1) It is unlawful for a person
under the age of 18 years who has 0.05 percent or more. by weight, of alcobot in his or her blood
tw drive 4 vehicle.

(2) A person may be found to be in violation of subdivision (1) if the person was, ul the
time of driving, under the age of 18 years and under the influence of, or affected by. an alcoholic
beverage repardless of whether a chemical test was made to determine that person's blood-

concentration and if the (rier of fuets finds that the person had consumed an alcoholic beveraze



and was driving a vehicle while having a cone:ntration of 0.05 pereent or more, by <i
alcoholic in his or her blood.

G) Notwithstanding any provision of taw to the contrary. upon a finding shat 4 person
has violated this section, the clerk of court shail prepare within ten (10) days after the Hindsay and
immediately forward to the LTO an abstract of the record of the court in which the i
made. That abstract shall be a public record and available for public inspection iti sae aduie
manner as other public documents in accordance with Section 5 (¢) of Republi et Nu. 6713 oF
the Code of Conduct and Ethical Standards for Public Ofticials and Employees.

SEC.8. Chemical Test Procedure. - (1} Notwithstanding any other provision of kaw te
the contrary. only physician and surgeon. registered urse, clinical labormory svicau
laboratory bioanalyst, or medical technician. a!] duly ticensed by the Professi> va Ke;
Commission (PRC). or certified paramedic. acting at the request of a peace oliver ay wish.irus
Hood for the purpose of determining alcohatic content therein. This limitation dees wot appiy
the taking of breath specimens. An emergency call for paramedic services kes precedence ever
4 peace officer's request for a paramedic to withdraw blood for determining its alcoholic con:ent
A ceriticd paramedic shall not withdraw blued jor this purpose unless authorized by his or her
employer to do s0,

ur chai

(2) A person tested may. at his or her ywn expense. have a physician and sut
registered nurse. clinical laboratory scientist or clinical laboratory bioanalyst, or medics}
technician, all duly licensed by the PRC. of his or her choosing administer a test in addition
any test administered at the direction of a peace officer for the purpose of determining Uke
amount of alcohol in the person's blood at the time alleged as shown by chemical analysis vf his
of her blood, breath or urine. ‘The tailare or inability to obtain an additional test oy a person dues
not preclude the admissibility in evidence of the test taken at the direction of a peace officer

13) Upon the request of the person tested, full information concerning the test taken at
the direction of the peace officer shall be made available to the person or the person's attorney

(4) Notwithstanding any other provision of law to the contrary. no physician and
suracon, registered nurse, clinical laboratory scientist or clinical laboratory bivanalyst. 0
medical technician, all duly licensed by the PRC. owaing or leasing the premises vn which 6
are pertormed, shall incur any civil or criminal Liability as a result of the udmivistering of « aluod
test in a hospital. clinical iaboratory. medical clinic environment, jail, or iw enforce
facility. according to accepied venipuncture practices, without violence by the person
administering the test, and when requested in writing by a peace officer to administer the test.

as

(5) If the test given under this Section is a chemical test of urine, the person tested shall
be wiven such privacy in the taking of the urine specimen as will ensure the
accuracy of the specimen and, at the same time. maintain the dignity of the individual involved

(0) As used in this section. “certified paramedi
department.

does not include any employee of a fire

(7) Consem, waiver of liability or tne offering to. acceptance by. of refusal of consent or
waiver of liability by the person on whom a test is administered, is not an issue or eelevant to the
immunity from liability for medical or law enforcement personnel or other theilities desiguated
under subdivision (4).

C.9. Blood-Alcohol Level: Presumptions Affecting Burden of Proof.

(1) Upon the tial of any criminal action, or preliminary investiation/procceding it a
criminal action, arising out of acts alleged to have been committed by any person while driving 3
vehicle while under the influence of an alcoholic beverage in violation of subdivision (1) of



Section 4 or subdivision (1) of Section 5 of this Act, the amount ct alcohol iw the perer’ > blued
at the time af the test as shown bs chemical analy sis of that persons blood, breath or urine shall
wive rise to the following presump"ions affecting the burden of prow

UA) {f there was af that “me fess than 0.05 percent, by weight. of aicofiot
person's blow, it shall be prisumed that the person was not under the infivence of an
alcoholic beverage at the time of the alleged offense.

ire

(B) if there was at that time 0.05 percent or more but less than U.U8 percent, by
weight, of alcohol in the person's blocd. that fact shall not give rise te any
presumption that the person was or was oot under the influence of a1 alvohose
beverage. but the (act may be considered with other competent evidence in
determining whether the person was under the influence of an aleotilic pevents al
he time of the alleged otfense.

(C) IF there was at that ime 0.68 percent or more, by weight. of aleohoi in the
person's blood, it shalt be presumed that the person was under the influence of an
alcoholic beverage at the time of the alleged otfens.

(1) Percent. by weight, of alcobo in the person's blood shall be based upon grams
bl alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath,

(2) This section shall not be construed as limiting the introduction of any viher competent
evidence bearing upon the question of whether the person ingested any alcoholic beveraze or
‘wax under the influence of an alcoholic beverage at the time of the alleged offense

10, implied Consent fer Mandatory Chemical Testing. — (1) (4) (9+ A person
who drives a motor vehicle is deemed tw have given his or her conseni to mandatory chemical
testing of his o¢ her blood or breath for the purpose of determining the alcoholic content of hiv or
her blood. :f lawfully arrested for an offense allegedly commited in violation of Section 4 oF 5 or
7 af this Act. If blood or breath test. or both, are unavailable, then paragraph (13) of subdivision
(ar applies,

(b) A person who drives a motor vehicle is deemed to have given his oF consent
to mandatory chemical testing of his or her blood or urine lor the purpose of
determining the drug content of his or her blood. if lawfully arrested vor an vtfense
allegedly commited in violation of Section 4 or 5 ot 7 of this Act.

«c) The niandatory testing shail be incidenta) to a lawful arrest and administered at
the direction of a peace officer having reasonable cause 10 believe the person way
driving a motor vehicle in violation of Section 4 of 3 or 7 of this Act.

{d)} ‘Ihe person shall be told that his or her failure to submit to, oF abe failure to
complete, the required mandatory chemical testing will result in a fine, mandator:
imprisonment if the person is convicted of a violation of Section 4 ur 5 of this Act.
and (i) the suspension of the person's privilege to operme a metor vehicle for
a period of one (1} year, (ii) the revocation of the person's privilege in operate
motor vehicle for a period of two (2) years if the refusal occurs within ten (10+ years
‘of a separate violation of Section 4, 5, of 7 that resulted in conviction. or (iii the
revocation of the person's privilege to operate a motor vehicle for a period of three
(3) yeurs if the refusal occurs within ten (10) years of two or more separate violations
of Section 4,5 or 7 of this Act. or any combination thereof, thai resulted in
convictions.



U3) (ay HE the person is lawfully arrested for driving under the intlunve uf
aleoltolic beverage. the person has the choice of whether the Lest shill be of nis blo
vr breath by 9 breathalyzer or similar equipmentdevice and the peace oti
advise the person that he or she has Wat choice. If the person arrested either 16
incapable. or states that he or she is incapable. of completing the chosen test. rhe
person shall submit to the remaining twst. If a blood oF breath test. or both. are
unavailable, then paragraph (B) of subdis ision (4) applies.

rt sbisid

{b) I? the person is lawfdly arrested for driving under the influence of uay deus
or the combined influence of an alcoholic beverage and any drug. the person!
choice of whether the test shail be of his or her blood, breath or uring, and the peace
offiver shall advise the person that he or she hus that choice.

(c) A person whe chooses to submit to 2 breath est may also be requeried Lo
submit to a blood or urine test iff the peace officer has reasonable cause to believe
that the person was driving under the influence of a drug or the combined influence
of an alcoholic beverage and a drug and if the peace officer has a clear indicution
that a blood or urine wst will reveal evidence of the person being under the
influence, The peace officer shall state in his or her report the faets uper: which that
belief and thal clear indication are based. The person has the chuice of submitting to
and completing a blood or urine test. and the peace officer shall advise the person
that he or she is required 10 submit to an additional test and hat he ut she mas
choose a test of either blood of urine. If the person arrested either is incapable or
slates that he o she is ineapable. of completing either chosen test. the persen snalt
submit to and complete the other remaining test,

(C) IC the person is lawfully arrested for an offense allegedly commited! in elation
of Section 4, 5, or 7 of this Act, and, because of the need of medica! weaiment. the
person is tirst transported to a medival facility where it is not feasible to adiminister a
particulur test of, or (0 obtain a particular sample of, the person's blaod. breath. or
urine. the person has the choice of those tests that are available at the Taviliny to
which that person has heen transported. In that case. the peace officer shall adv ise
the person of those tests that are available al the medical facility and that th. person's
choice is fumited fo those tests thal are available

1D} The peace officer shall also advise the person that he or she dues not have the
right to an attorney present betore stating whether he or she will submit to a test or
tests. belore deciding which test or fests to take, or during administration of the (est
or tests chosen, and that in the event of refusal to submit to a test ar tests, the refusal
may be uscd against him or her in a court of law

(Ea A person who is unconscious or othenvise in a condition rendering fis. or her
incapable of refusal is deemed not to have withdrawn bis or her consent
Tests may be administered whether or not the person is tld that his or her railure to
submit to, of the noncompletion of, the test or tests will result ia the suspension or
revocation of his or her pavilege to operate a motor vehicle. A person who is dead is
ucemed not lo have withdrawn bis or her consent and a test ar tests may be
administered at the direction of a peace officer.

dcr test or

(2) A person who
this section

afflicted with hemophilia is exempt from the blood test required by

(3) A person who fs allticted with 2 hean condition and is using an anticoagulant under
the direction of a licensed physician and surgeon is exempt from the bliod test required by this
section


(ay Ap A person awiully arrested for an offense allegedly committed white the peson
sas driving a motor vehicle in violation of Sectinn 4. 5 of 7 may fault the arrestizns
have a chemical test made of the arrested person's blood or breath for the purpose of determing
rey teahotic content of that person’s blood. and. if so requested, the arresting offiver shall hase
the lest pertormed

other 16

(B) Lf a blood or ‘preath test is not available under subparagraph (a) of subeliy isin
(Tyr under subparagraph (ay of parageaph (B) of subdivision (1). 9f paragraph (A)
of this subdivision, the person shall submit to the remaining test in order to
setcrming the percent, by weight, of alcohol in the person’s blow poth the blood
and breath lests are unavailable, the person shall be deemed to hay cd das ot Her
ao seni to chemical Testing of Wis or her urine and shail suber 19 a anne

(3) If the person, who has been arrested for a violation of Section 4. 3. oF 7 refuses or
Jails tw complete a chemical fest or tests, or requests that 8 blood or urine test be suken. the peace
wiicer. acting on behalf of the LO. shall serve the notice of the order of suspensivat or
ian of the person's privilege 10 operate a motor vehicle personally on the arrested Person
shall be on a form provided by the LTO.

to) I the peace officer serves the notice of the onder of suspension or revocation of the
person's privilege to operate a motor vebiele. the peace officer shail take possession of all
veiver's licenses issued by the {TO that are held by the person

(71 (Ay The peace officer shall immediately forward a copy of the completed notice ot
cuspension oF revocation form and any driver's license taken into possession under subdivision
{Or with the required report to the 1.TO. If the person submitted to a blood os urine test, the
peace officer shall forward the results immediately 10 the appropriate govemmmental Forensic
Tahoratory at the Philippine National Police or the National Bureau of Investigation or atber
governntental forensic laboratory. ‘The forensic laboratory shall forward tee resulis of the
Chemica! (ests to the LTO within fifteen (15) calendar days of date of the arrest

(8) (a) Notwithstanding any other provision of faw fo the contrary. doe dine ot
Containing data prepared and maintained jn the governmental forensic late
computerized database system that is ‘lectronically transmitted ur retrieved ulnrough
public or private computer networks lo OF by the LIO is the best available evidence
of the chemical test results in all administrative procecdings conducted fy the LFV.
In addition. any other official record that is maintained in the overnacntal torenss
laboratory. relating to a chemical test anclysis prepared and maintsined inthe
governmental forensic laboratory’ computerized database system, nd is
sjecttonivally transmisted and retrieved through a public or private computer network
to of by the LTO is admissible as evidence in the 1 “fO's administrative proceedings.
In order to be admissible as ev idence in administrative proceedings. 4 docuntent
deseribed in this subparagraph shall bear a certification by the employee of the L VO
the retrieved the document certifying that te information was received or retrieved
directly trom the compuizized database system of a governmental forensic
laboratory and that the document accurately reflects the dau, received or retrieved

(b) Nowwithstanding any other provision of law (0 the contrars: the failure of an
employee of the 1.10 to certify under subparagraph (9) nor 8 pubtic offense but an
administrative offense only.

ts) A preliminary aleohol sereening test that indieates the presente O° concentration of
alcohol based on a breath sample in order to establish reasonable cause 19 believe the person
driving a vehicle in violation ‘of Section 4. 5. or 7 ‘of this Act is a 3-fest battery 3) standardizs



ticid sobnety test and muy be used by a peace officer as a further investigative foci This
standardized field sobriety test consists of the horizomal gaze nystagmus test. the wala
lest (heel-to-loe in a straight line) and the one-leg stand. The horizontal gace myst
involves following an object with the eyes (such as pen) to determine characteristic eye
movernent reaction. The walk-and-tum test is designed to measure 6 person's ability to toliow
dircetions and remember a series of steps while dividing attention between physical sind mental
tasks. Ihe one-tey stand js literally a one-leg stand.

() If the peace officer decides 1 use a preliminary alcohol screening wot. the
officer shall advise the person that he or she is requesting that person to take 2 prelinns

cohol scteening (est fo assist the officer in determining if that person is under the influence of
“deohol or drugs. or a combination of alcohol and drugs. The person's ubligation ie submit ta
blood, breath or urine lest, aS required by this section, for the purpose of determing tne sleonot
or drug content of that person’s blood is not satisfied by the person submitting to a preliminary
alcohol sereening test. The officer shall advise the person of thal fact and of the person's ri
refuse to ake preliminary alcohol screening test.

SEC. 11. Breath and Chemical Testing Advisement.- (1) In addition ke the
requirements of Section 10 of this Act, 2 person who chooses to submit to a breath test shall be
advised before or after the test the breathalyzer or the breath-testing equipment does aot retain
any sample of the breath and that no breath sample will be available atier the test which could be
analy zed hater by that person or any other person.

12) The person shall also be advised that because no breath sample is retained. the
person will be given an opportunity (o provide a blood or urine sample that will be rettined at no
cost tu the person so thal there will be something retained that may be subsequentis analy zed Jur
the alcoholic content of the person's blood, if the person completes a breath test and wishes to
provide a blood or urine sampte to be retained. the sample shall be collected and retained in the
same manner as if the person had chosen a blood or urine test initially

(3) The person shall also be advised tbat the blood or urine sample may be tested by
either party in any criminal prosecution. ‘The failure of either party to perform this test shall
place neither a duty upon the opposing party to perform the test nor affect the admissibility of
any other evidence of the alcoholic content of the blood of the person arrested

SEC. 12. Legislative Declarations: Mandatory Minimum Penaities for Multiple
Offenses. — The Legislative finds and declares that some repeat offenders of the prohibition
against driving under the influence of alcohol or drugs. when they are addicted or when thes
have too much alcohol in their systems. may be escaping the intent of the Legislative to punish
the oflender with progressively greater severity if the offense is repeated one or more times
within a 1-year period, This situation may occur when a conviction for a subsequent offense
wccurs before a cons iction is oblained on an earlier offense.

The Legislative further finds and declares that the timing of court proceedings should reat
permit s person (o avoid aggravated minimum penakies for multiple offenses oceurring within a
1-year period. It is the intent of the Legislative to provide that a person be subject 10 enhanced
mandaton. minimum penalties for multiple offenses within a period of 10 years, regardless of
whether the convictions are obtained in the same sequence as the offenses had been commited.

Nothing in this section requires consideration of judgment of conviction in a separate
proceeding that is entered after the judgment in the present proceeding, except as it relates 10
violation of probation.

Nothing in this section affects the penalty for @ violation of Section 4 or 5 af this Act



SEC. 13. Drinking While Driving. — No person shall drink any alcoholic beverage
while driving a motor vehicle upon any highway as defined in Section 3(15) of this Act

SEC. 14. Drinking in Motor Vebicles. — (15 No driver as defined in section 3010) of
this Act shall drink any alcoholic heverage whiie 1n a motor vehicle upon a highway

(2) No passenger shall drink any alcoholic beverage while in a motor vehicle upon a
highway

SEC. 15. Possession of Dangerous Drags or Open Container While Driving. -

J) No person shall have in his or her possession on his or her person, while divi
motor vehicle upon a highway. any bottle. can or receptacle. containing any alcuhalic beve:
which has been opened, or a seal broken. or the contents of which have been patially removed

(2) Except as authorized by law, every person who possesses. while driving a motor
vehicl: upon a highway, dangerous drugs as defined under Seetion 3 (j) of Republic Act No.
“168 otherwise known as the Comprehensive Dangerous Drugs Act of 2002. is guilty of an
infraction punishable under Section 11 of said R.A. 9165,

SEC. 16. Possession of Open Container in Motor Vehicle. - (1) No driver shall have
in his or her possession, while ina motor vehicle upon a highway, any bottle, can oF other
revepticle. containing any alcoholic beverage that has been opened, or a seal broken. oF the
contents of which have been partially cemoved

(2) No passenger shall have in his or her possession, while in a motor vehicle upon a
highwas. any bottle. can or other receptacle, containing any alcoholic beverage that bas beca
opened or a seal broken. or the contents of which have been partially removed.

SEC. 17. Possession of Alcohol in Vebicie: Person Not Under 16. — (1) No person
who is not under 16 years and possessed a valid student-driver’s permit issued in accordance
with Section 30 of R.A. 4136 otherwise known as the “Land Transportation and Yrailic Code. a
amended, shall drive any motor vehicle carrying any alcoholic beverage. unless the person is
accompanied by a duly licensed driver and a parent, responsible adult relative. any other adult
designated by the parent. or legal guardian for the purpose of transportation of an alcoholic

beverage. I the driver was unaccompanied by a parent, responsible adult relative. ov any other

aduh designated by the parent, or legal guardian, he or she shall have a complete detense if he
she was folowing. in a timely manner, the reasonable instructions of his or her parent, lezal
guardian, responsible adult relative. or adult designee relating 10 disposition af the alcohol
beverage.

(2) No passenger in any motor vehiele who is under the aze of 18 years shall possess or
have under that person's control any alcoholic beverage. unless the passenger 13 accompanied by
4 parent, legal guardian, responsible adult relative. any other adult designated by the parent, or
legal vuardian for the purpose of transportation of an alcoholic beverage. If the passenger was
unaccompanied, he or she shail have a complete defense if he or she was following. in a timely
manner, the rcasonabie instructions of his or her parent, legal guardisn, responsible adult relative
or adult desiznee relating to disposition of the alcoholic beverage.

(3) If the vehicle used in any violation of subdivision (1) of (2) is registered to an
offender who is under the age of 18 years. the vehicle may be impounded at the owner's expense
ior not less than thiny (30) days nor more than forty-five (45) days for each violation, “Ihe term
“owner” shall mean the owner as defined in Section 3(f) of the RA. 4136. as amended,

(4) Any person under 18 years of age convicted of a violation of this section is subject
the following:


(A) For each conviction of a person for an offense in subdivision (1) or
(2). committed while the person was under the age of 18 years, but 15
years of age or older, the court shall suspend the person's driving
privilege for onc (1) year. If the person convicted docs not yet have the
privilege to drive. the court shall order the head of the Land
‘Transportation Office (LTO) or his‘her deputies to delay issuiny the
privilege to drive for one (1) year subsequent tw the time the person
becomes legally eligible to drive. For each successive offense, the caurt
shall suspend the person's driving privile;
license or delay the eligibility for those not in poss
the time of their conviction for one additional year

(B) Whenever the court suspends driving privileges pursuant w
on (A), the court in which the conviction is had shall requice all
driver's licenses held by the person to be surrendered to the court. ‘The
court shall within ten (10) days following the conviction transmit a
certified abstract of the conviction, together with any driver's licenses
surrender to the LTO,

(5) Any person convicted for a violation of subdivision (1) or (2) shali be punished upon
conviction by a fine of not more than ten thousand pesos (P10,000.00) or by imprisonment in
Mmunicipabeity/provincial jail for not more than six (6) months, or both that fine and
imprisonment at the discretion of the court,

SEC. 8. Storage of Opened Container. — 1} (A) It is uniawlul for the owner of any
motor vehicle to keep in a motor vehicle, when the vehicle is upon any highway. ans botile. ca
or other receptacle containing any alcoholic beverage that has been opened, or a sea) broken. or
the coatents of which have been partially removed, unless the container is kept in the unk of the
vehicle.

(B)_ If the vehicle is not equipped with a tunk and is not an off-hignwas motor
vehicle as defined in Section 3 of this Act, the bullle, can or other receptacle
described in paragraph (Aj shall be kept in some other arca of the Vehicle thar is not
cormally occupied by the driver or passengers. For the purposes of this paragraph, «
utility compartment or glove compartment shall be deemed to be within the area
‘occupied by the driver and passengers,

(Cy It the vehicle is not equipped with a trunk and is an off-highway motor vehicie
as defined in Section 3(4} of this Act, the bottle, can or other receptacle described in
Paragraph (A) shall be kept in u locked container, As used in this paragraph, “locked
container” means a secure container that is fully enclosed and locked by a padlock
key lock. combination lock or similar locking device

(2) Subdivision (1) is also applicable to a driver of a motor vehicle if the owner is not
present in the vehicle.

(3) This section shail not apply to the living quariers of housecar of eamnper

SEC. 19. Storage of Opened Container in Passenger Compartment. — (1) It is
unlawful for driver to keep in the passenger compartment of a motor vehicle, when the vehicle is
pon any highway. any botie. can or other receptacle containing any alcoholic beveraze that has
been opened, or a seal broken, or the contents of which bave been partially removed



(2) It is unlawful for any passenger to heep in the passenger compartment of « mowor
sehicle, when the vehicle is upon any highway, any bottle, can or other receptacle comiaininy any
alcoholic beverage that has been opened, or a seal broken. or the contents uf which have beet
partially removed,

SEC. 20. Penalty: First Convietion under See. 4, — (1) {fa person is convicted of a
first violation of Svetion 4 of this Act. that person shall be punished by imprisonment in the
snunicipateity:provineial jail for not less thirty (30) days nor more than six (6) momthy. and by 3
ine of not less than P10,000.00, nor more than P30,000.00,

12) ‘The person’s privilege to operate a motor vebiele shail be suspended by the Lud
Sraisportation Office (LTO). ‘The court shall require the person 10 surrender the driv or's liver se
to the court and the court shall within ten (107 days afler the conviction forward the same ‘ith
the reyuired report of the conviction to the 1-TO,

SEC. 21. Conditions of Probation: First Conviction. — (1) (A) If the court grants
probation punished under Section 4 of this Act, and other terms and conditions imposed by the
court, the court shall impose as a condition of probation that the person pay a fine of .a least
P30,000,00 but not more than P100,000.00. The court may also impose, as a condition of
probation, that the person be confined in a munieipalicity/provincial jail lor at least 15 days. not
more than 36 days.

The court shall also impose as 4 condition of probation that the driver shall enroll and
panicipare in, and successfully complete  driving-under-the influence program sponsored or
approved by the Land Transportation Oflice (ITO), in the driver's place of residence or
employment. as designated by the court, For purposes of this subdivision, enrollment in.
participation in, and completion of an approved program shall be subsequent to the cate of the
current siolawon, Credit may not be given for any program activities completed prior tw the date
of the current violation,

(A) The court shail refer a first offender whose blood-aleohol concentration war less
ukan 0.20 percent. by weight. to participate for at least three (3) munths or longer. as
ordered by the court, in a licensed program approved by the LTO that coasts af at
Jeast 30 hours of program activities. including those education, growp counseling.
and individual interview sessions.

(B) ‘The court shall reter a first offender whose blood-alcohol coneeniration was
0.20 or more, by Weight. o: who refused to take a chemical lest, to participaie for at
least nine (9) months or lunger, as ordered by the cow, in a program licensed by
the 1.T@ thal consists of at least 60 hours of program activities. including those
education, group counseling. and individual interview sessions.

(C1 ‘The court shal! advise the person at the time of sentencing that driving, privilege
stall not be restored until proof satistactory to the LTO of successful com gletion ol a
driviog-under-the-intluence program of the length required by the court under this
section.

(3) (Ap The court shall revoke the person’s probation granted under this section, excey
far good cause shown. for the failure to enroll in, participate in, or complete a program spec
in subulivision (2).

42) ‘The court shall establish reporting requirements in consultation with the LTO.
‘That reporting shall casure that all persons who, after being ordered to attend und
complete a program. may be identified for either (1) failure to enroll in. air failure 1


successtully complete, the progras, of (2) successfil completion of 1.
ordered,

SEC. 22. Penalty: Second Offense Within Ten (10) Years. — Ha pera is convicts
of 4 siulation of Section 4 of this Act and the offense occurred within ten (107 years «ita se
violation of said Section 4. that resuld in a conviction. that person shail be penis
imprisonment in the municipalieity/provincial jail tor not less than six (6) mouths Hor mers

one th) year and by a fine of not less than P1UW.000.00 nor move than P2
person's privilege tw operate a motor vehicle shall be suspended by the FTO. ne a...
require the petson to surrender the driver's license to the coart and the court sbail «iia.
days after the cons ietion forward the sane with the required ceport of the convict of be

SEC. 23. Conditions af Probation: Second Offense Within Ten (10) Yeats. —
Uy (Ai Wthe court grants probation 1 a person punished under Sesion

Act. in addition to any terms and conditions imposed by the court, the court stud ine

conditions of probation that the person be confined in municipal’eity’prewineta! pai

wader either of the following:

(a) Por at feast three (3) monihs. but Sot more chan six 407 miei
ai least P200,000.00, but not more than PS0U.000.00,

(b) For at least six (62 months. but not more than one 1 Li veae sa tae die st a
Jeast P100,000,00 nor more thar P3UU.C00,00,

(3) The person's privilege to operate a motor vehicle shail be suspeac! the
LQ, The court shail require the person to surrender the driver's license to tiv court
and the court shall within ten (10) days after the conviction formant ute
the required repon of lhe conviction tw the LTO.

12) ir auldition to the conditions spe
porsn te do either of the following

fied in subdivision (1). the cous suai: 1

tA) Eneoll and participate, toe ut least 18 months subsequent 1 the date ot ine
underlying violation and in a manner satisfactory To the court in ¢ driv ing-under-the
influence program livensed or sponsored by the LTO, as designated oy the cour:
The person shall complete the entire program subsequent to. and shall not be give:
any credit for any program activities completed prior to, the date at the current
Violation. The program shall provide for persons who cannot alford the program !:
upon showing 10 the satisfaction of the court thal these persons cunnur really aliord
10 pay the program fee. in order 10 enable those persons to participate.

(A) Enroll and participate. for at least 30 months subsequent 10 the date underlying
Molation and in a manner satisfactory w the court, in a driving-under-the intluene,
program licensed or sponsored by the LY, the person shall compleic the entine
program subsequent to, and shall got be given any credit for any program wctivities
co npleted prior to, the date of current violation.

tC) The court shall advise the person at the time of sentencing tha: the driving
privilege shall not be restored until proof satisfactory 1 the LO and the court of
Successful completion of a driving-under-the influence program of the length
required under this Act has been received sn the L1O"s main office.



SEC. 24. Penalty: Third or Subsequent Conviction Within ‘fen (10) Vears. -

(1) Ia person is convicted of a violation of Section 5 of this Act and the offense
occurred within fen (19) years of two or more separate violations in Sections 4 or 5. or any
combination of these violations, that resulted in convictions, that person shall be punished by
imprisonment in the National Penitentiary for a term of six (6) years and by a fine of not less
than PS00.000.00 nor more than P1.000,000.00. The person’s privilege to operate a me
vehicle shall be revoked by the JO. ‘The court shall require the person to surrender the driv:
license 10 the court and the court shall within ten (10) days after the conviction forward the same
With the required report of the conviction to the LTO.

(2) if. person is convicted of a violation of Section 5 of this Act, und the act or neglect
proximately causes great bodily injury a8 provided by Article 365 of the Revised Penal Code. to
any person other than the driver. and the offense occurred within 10 years oF two (2) separate
violations of Section 4 of 5 of this Act. or any combination of thesc violations, that resulted in
convictions. that person shall be punished by imprisonment in the National Penitentiary for a
term of }2 years and a fine of not less than P1,000,000.00. ‘The person's privilewe wo operate &
motor vehicle shall be revoked by the LTO. The count shall require the person to surrender the
driver's license to the court and the court shall within ten (10) days after the conviction forward
the same with the required report of the conviction to the LTO.

(3) fa person is convicted under subdivision (2), and the offense for which the person is
convicted occurred within 10 years of four or more separate violations of Section +b or S of thi
AcL Gr any combinatinn of these violations, uu: resulted in convictions. that person shall. i
aduitiun to the sentence imposed under subdivision (2), be punished by an additional tem of
‘at in the National Penitentiary lor five (3) years.

imprison

The enhancement allegation provided in this subdiv
provided by faw.

ion shall be pleaded and proved as

(4) A person convicted of Section 3 of this Act punishable under this section shall be
designated as a habitual traffic offender for a period of three (3) years.
subsequent to the conviction. The person shall be advised by the court of this designation

ed in the Nauonal Penitentiary under this section shall be ordered by
the court 1 participate in an alcohol of drug program, or both, that is available at the prison
during the person's continement, Completion of an alcohol or drug program under this section
does not meet the program completion unless the drug or alcohol program is licensed or
spaisored by the LTO.

SEC. 25. Conditions of Probation: Third or Subsequent Conviction Within Ten (20)
Years. - If the court grants probation to a person punished under Section 21. in addition to any
other terms and conditions imposed by the court. the court shall impose as vonditivns of
probation that the persow he confined in the municipal/city/provincial jail for at least (0 (2)
years. that the person pay a fine of at Jeast P500,000.00, but not more than P'80U.000.4X), and that
the person make restitution or reparation as ordered by the court. The person's paviiege to
operate a motor vehicle shall be revoked by the LTO. The court shall require the person te
surrender the driver's license to the court and the court shall within ten (10) days alter the
contiction forward the same with the required report of conviction to the L1O.

SEC. 26. DUI Penalties for Persons under 18 Years of Age: Driving-lnder the
Influence Program. - (1) Notwithstanding any other provision of law. if a person who is at
least 17 years of age is convicted of a first violation of Section 7 of this Act, in addition to any
penalties. the court shall order the person te autend a program licensed ur sponsored by the 1.10.



(2) The attendance in an LTO license4 or sponsored driving-under-the-influcnce pragran
required under subdivision (1) shail be as follow

(A) If, within ten (10) years of the current violation of Section 7 of this Act. the
person has not been convicted of @ sepurate violation of Sections 4. 5. or 7 of this
Act. with a plea of guilty. the person shall complete, al a minimum, the education
component of that LTO licensed or sponsored driving-under-the-intluency pro

(B) If the person does not meet the requirements of paragraph (A), the person shill
complete the entire 1.¥0 licensed or sponsored driving-under-the influence pr

13) The person’s privilege tw operate a motor vehicle shall be suspended bs the L1G ane
the court shall require the person to surrender his or her license to the court 4d the court st
within ten (10) days atter conviction forward the same with the required report of conviction 1
the LTO.

(4) The court shall advise the person at the time of sentencing that the driving privitey
Will not be restored until the person has provided the ITO with proof satisfactory to the LTO
that the person bas successlully completed the driving under the influence program required by
this seetion,

SEC. 27. Prior Convictions: Semtencing, - (1) In any case charging a violation of
Section 4 or 5 of this Act and the offense occurred within ten (10) years of ony or store separate
siolations of Section 48 (Reckless Driving) of Republic Act No. 4136. as an:
Transportation and Trailic Code. of any combination thervof, that resulted in convictions. the
coun shall not strike any separate conviction of those offenses for purposes of sentencing in
order to avoid imposing, as part of the sentence or term of probation. the minimum time of
imprisonment and the minimum fine. or for purposes of avoiding revocation, suspensio

restriction of the privilege to operate a motor vehicle, as provided in Republie Act No. 4136, as
amended.
(2) In any case charging a violation of Section 4 ur 5 of this Act. the court shall obtain a

copy of the driving record of the person charged from the 1.1O and may obuin aqy records tram
the Department of Justice or any other sovree to determine if one or mote separate violations of
Section 48 (Reckless Drivingy of Republic Act No, 4136, as amended. or any combination
thercot: that resulted in convietions, have occurred within ten (10) years of the charged offense.
‘The court may obtain and accept ax rebuttable evidence, a printout from the £.TO of the driving
record of the person charged, maintained by electronic and storage media lor the purpose of
prov ing separate violations,

(3) if any separate convictions of violations of Section 4 or 5 of this Act are reported to
have occurred within ten (10) years of the charged offense, the court shall notity each court
where any af the separate convictions occurred for the purpose of enforcing terms and con
of the probation granted by the court after conviction.

SE ‘The fact that any person charged with driving under
the influence of any drug or the combined influence of alcoholic beverages and any druy in
violation of Section 4 or 3 of this Act i or has been entitled 10 use. under the laws of the
Philippines. shal! not constitute a valid defense zgainst any violation of the said sections.

SEC. 29. Court Record: Reason for Order or Motion. - Wher: an all
Niotation of Section 4 of this Act is dismissed by the court. an allegation of» diflerem
ollense is substituted for an allegation for a Violation of Section 4 of this Act, or an alievation ot
a separate conviction is dismissed or stricken. the court shall specify on the recurd its reason or
reasons tor the order. The court shail also specify on record whether the dismissai, substitution.



or striking was requested by the prosecution and whether the prosccution concurred in or
upposed the dismissal, substitution, or striking

When the prosecution makes a motion for a dismissal or substitution, or for the striking
of a separate conviction, the prosecution shall submit a wrilicn statement which shall becume
part of the count record and which gives reasons for the motion. The reasons shall include. but
need not be Himited to problems of proof. the interests of justice. why another oflense is more
properly charged. if applicable, and any other pertinent reasons, Uf the reasons include the
“interests of justice.” the written statement shall specify all the factors which contributed t this

SEC. 30. Program Participation Prior to Proceeding. - (1) In any cine in which
person ix charged with violation of Section 4 or 5 of this Act. prior to acquitutl or conviction.
the court shall neither suspend nor stay the proceedings for the purpose of allowing the accused
person lo attend of participate, nor shall the court consider dismissal of or enieriaut a motion Ww
dismiss the proceedings because the accused person attends or participates during that
suspension, in any one or more education, training. of treatment programs. including. but not
limited to. a driver improvement program, a treatment programs for persons who are habitual
users of alcohol of other aleoholism program, a program designed to offer alcohol services to
problem drinkers. or alcohol or drug education program, of a treatment prozram for persons who
are habitual users of deugs or other drug-related program.

2) This section shail not apply to any aitendance or participation in any education:
waining, 0 treatment programs atter conviction and sentencing, inching attendance or
participation in any of those programs as a condition of probation granted after convietion when
permiued,

SEC. 31. Separability Clause. - If, for any reason. any part off provision of thts Act is

declared invalid or unconstitutional, such declaration sball not affect the other provisions af this
Act.

SEC. 32. Repealing Clause. — Ihe provisions of laws. decrees, executive orders.
rules and regulations inconsistent with this Act are repealed. amended cr modified

. = This Act shall take effect fifteen (15) days following the
complcuon of its publication in the Official Gazette or in two (2) national newspapers of general
circulation.

Approved,