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Cttmo Ra 10586

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9 views

Cttmo Ra 10586

Uploaded by

rabaloprince01
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
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R.A.

10586
The Anti-Drunk
and Drugged
Driving Act of
2013
What is R.A. 10586?
“An Act Penalizing Persons
Driving under the Influence
of Alcohol, Dangerous Drugs
and other Similar
Substances”
What law did we have before R.A. 10586?
• The Philippines has an existing policy under
the Land Transportation and Traffic Code (RA
4136) which prohibits driving while under the
influence of liquor or narcotics.
The 1991 Local Government Code also gave
local government units the power to
implement their own traffic management
systems.
Will the operator and/or owner
of the offending vehicle be held
directly liable?
YES. The owner and/or operator of the vehicle driven
by the offender shall be directly and principally held
liable together with the offender for the fine and
award against the offender for civil damages, unless
he or she is able to convincingly prove that he or
she has exercised extraordinary diligence in the
selection and supervision of his or her drivers in
general and the offending driver in particular. This
applies principally to the owners and/or operators
of public utility vehicles and commercial vehicles
such as delivery vans, cargo trucks, container trucks,
school and company buses, hotel transports, cars or
vans for rent, taxicabs and the like.
Who are authorized enforcers of the
provisions of this Act?
• The LTO may deputize traffic enforcement
officers of the Philippine National Police
• Traffic Enforcer Deputized Agents
• Cities and municipalities to enforce the
provisions of this Act.
Are random tests allowed
under the law?
NO.
The law states that there must be probable
cause before a deputized law enforcer can
apprehend a motorist on suspicion of DUI.
However
Sec. 15 of R.A. 10586
authorizes the Land Transportation Office
(LTO) to conduct random terminal inspections
and quick random drug tests of public utility
drivers
Being flagged down
• A deputized law enforcement officer cannot
simply flag down any motorized vehicle and
subject the driver to a sobriety test.

• An officer can only proceed with screening a


driver when there is reasonable ground
Indications of DUI:
swerving overspeeding
lane straddling weaving
sudden stop poor coordination
evident smell of alcohol on a person’s breath.
How the driver is tested?
1. Field Sobriety Test
• Eye test
You must follow with your eyes an object that the officer
moves horizontally, a foot away from the your face.
• Walk-and-turn test
You must walk nine steps forward in a straight line, turn,
and then walk back the same distance.
• One-leg stand
You must be able to stand on one leg and raise the other
at least 6 inches from the ground an
2.Alcohol Breath Analyzer (ABA) Test:
- a.k.a. breathlyzer test, to analyze your
blood alcohol level.
- To pass this test, the driver has to have a
blood alcohol concentration level below 0.05%
(local 0.06%).
- Drivers of public utility vehicles, trucks,
buses, and motorcycles, however, must have a
blood alcohol level of 0.0%
3. Drug Test
-If reasonable ground is established, the law
enforcement officer will bring the driver to the
nearest police station for drug test.
- other similar tests as determined jointly by
the Department of Health (DOH), the National
Police Commission (NAPOLCOM) and the
Department of Transportation and
Communications (DOTC)
Conditions
> If you pass the field sobriety test or the breathalyzer
test you will only be sanctioned or penalized for the
traffic offense for which you were pulled over
 If you fail any of the field sobriety test, only then
will you be subjected to a breathalyzer test.
 If you fail the breathalyzer test, you will you be
arrested and the vehicle will be impounded.
 Those who have passed either the field sobriety test
or the ABA test are not obligated to take a drug
screening test after the fact..
What happens if you fail the
field sobriety test and ABA?
If the law enforcement officer has probable
cause to believe that you were driving under
the influence of dangerous drugs, it shall be
his duty to bring you to the nearest police
station to be subjected to a drug screening
test and, if necessary, a drug confirmatory
test as mandated under R.A. 9165.
WHAT IF YOU REFUSE TO
TAKE THE TEST?
the LEO shall confiscate and revoke your
driver’s license, in addition to the other
traffic penalties.

Confiscated licenses shall only be released


after the final disposition or lawful order of
the courts
Is the alcohol and chemical
testing of drivers involved in
motor vehicle accidents
mandatory?
YES.
- especially vehicular accident resulting in the
loss of human life or physical injuries, including a
drug screening test or a drug confirmatory test as
mandated under R.A. No. 9165 to determine the
presence and/or concentration of alcohol,
dangerous drugs and/or similar substances in the
bloodstream or body
What are the penalties for
violating R.A. 10586?
• WITHOUT PHYSICAL INJURIES OR HOMICIDE
the penalty of three months imprisonment and a fine
ranging from P20,000 to P80,000 shall be imposed.
• WITH PHYSICAL INJURIES
the penalty provided in Article 263 of the Revised Penal
Code or the penalty in the next succeeding slide, whichever is
higher, and a fine ranging from Php100,000 to Php200,000 shall be
imposed.
• WITH HOMICIDE
penalty provided in Article 249 of the Revised Penal Code
reclusion temporal in its maximum period
17 years, 4 months and 1 day to 20 years
reclusion temporal in its medium period
14 years, 8 months and one day to 17 years and 4 months
reclusion temporal in its minimum period
12 years and one day to 14 years and 8 months

**and a fine ranging from P300,000 to P500,000 shall be


imposed.
In addition:
> With Nonprofessional driver’s license
confiscation and suspension for 12 months for
the first conviction and perpetual revocation for the
second violation.
With Professional driver’s license
confiscation and perpetual revocation for the
first conviction.
OBEDIENCE TO TRAFFIC
RULES SAVE LIFE

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