FIFTEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES |)
First Regular Session )

HOUSE OF REPRESENTATIVES

1899

House Bill No.

Introduced by Representative Ben P. Evardone

EXPLANATORY NOTE

According to the World Health Organization (WHO), over 1,000 people under the
age of 25 are killed in road crashes everyday. Victims of which are predominantly male
ages 18-24 and are part of alcohol-related road incidents.

‘Though there are some municipalities and cities in the country that have placed
measures penalizing drunk driving, a national legislation on this conduct is still absent.
This bill seeks to provide for that insufficiency.

This bill, if enacted, will be known as the “Driving Under the Influence of
Alcohol (DUIA) Act of 2010” which aims to protect people from the hazards brought
yout by accidents resulting from driving under the influence of alcohol and similar
intoxicating substances. It is proposed that a law enforcer shall conduct field sobriety
tests on drivers believed to be driving under the influence of alcohols based on apparent
indications and manifestations. If the driver fails these tests, the law enforcement officer
shall determine his blood alcohol concentration level through the use of a breathalyzer, an
equipment which can trace the level of alcohol concentration in one's blood through
his/her breath.

Moreover, here, it is proposed that be it included in the application for a driver's
license that a person should complete a course on instruction that provides information on
safety matters, including the effects of intake of alcoholic beverages on the ability of a
person to operate a motor vehicle and its hazards

When someone drives under the influence of alcohol, that person does not only
put his/her own life on the line, but also the lives of many innocent people.

Hence, immediate approval of this bill is earnestly sought.

BEN f EVARDONE,

Representative, Lone District of Eastern Samar



FIFTEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES)
First Regular Session )

HOUSE OF REPRESENTATI

1899

House Bill No.

Introduced by Representative Ben P, Evardone

LUENCE OF

AN ACT PENALIZING PERSONS DRIVING UNDER THE,
ALCOHOL

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

SECTION 1. Short Title. - This Act
Influence of Alcohol (DUIA) Act of 2010".

shall be known as the "Driving Under the

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 a/Terms. - For purposes of this Act

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

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

(c) Chemical tests refer to breath, Urine or blood test to determine the
blood alcohol concentration level and/or positive indication of dangerous rugs:

(d) Driving under the influence of alcohol refers to the act of operating
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 alcohol
concentration level is zero point zero six (0.06) or more:

(e) 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

(f) 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 driver's license shall complete
a course of instruction that provides information on driver and safety matters, including


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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 aleohol; 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 alcohol
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 (PhpS,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;

(©) 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 (I) 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 motor 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. Repeating Clause. The provisions of laws, decrees, executive orders,
ordinances, rules and regulations inconsistent with this Act are hereby repealed, amended
or modified accordingly.


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SEC. 10. Effectivity. - This Act shall take effect fificen (15) days following the

completion of its publication in the Official Gazette or in two (2) national newspapers of
general circulation.

Approved