Law enforcement officers can only flag down motorists if there is reasonable ground
Republic Act No. 10586 or The Anti-Drunk/Drugged Driving Law (ADD) is now in full effect and the government recently released some things to remember about the new act.
On being flagged down
Deputized law enforcement officers (LEO/s) cannot flag down any random motorists and subject them to screening and breathalyzer test. The officer can only proceed to screen a driver if there is probable cause or reasonable ground that the driver is indeed under the influence of alcohol or drugs, like committing a series of traffic violations or showing signs of erratic driving beforehand.
Testing the suspected driver
A driver will be subjected to a series of tests should they show signs of being under the influence.
-Field Sobriety Test
- Eye test: The driver must follow an object with their eyes. The LEO will be moving the object horizontally about a foot away from the motorist.
- Walk-and-turn-test: The motorist must walk nine steps forward in a straight line and then walk back in the same distance.
- One-leg stand: A driver must be able to stand on one leg for 30 seconds. The leg must be at least 6 inches from the ground.
-Alcohol Breath Analyzer (ABA) Test
In an event that the driver fails the Field Sobriety Test, they will be asked to take the ABA or breathalyzer test to check their blood alcohol level. The suspected driver must have a blood alcohol content that is less than 0.05% in order for them to pass the test. Drivers of public utility vehicles, trucks, buses and motorcycles however must have 0.00% of alcohol in their blood.
If the driver is suspected of being under the influence of drugs, the officer has to bring the driver to the nearest police station where they can be tested for drugs.
Passing all of the tests will only incur the driver the traffic violations that they committed and not the penalties under ADD. Those found driving under the influence (DUI) will be arrested and their vehicle will be impounded.
Serving jail time ranges from a minimum of 3 months up to a maximum of 20 years while the fine will range from PhP 20,000 to PhP 500,000.
Any individual that refuses to take the test will have their license confiscated and revoked by the LEO, in addition the traffic violations done by the suspected motorist.
Non-professional license holders will have a 12-month suspension on the first offense and a permanent revocation for the second offense. Professional license holders will immediately have their license revoked after a single offense.
Confiscated licenses will only be released after the final disposition or lawful orders of the court.