Sen. Tulfo wants to raise penalty for drunk driving
Since 2013, the Philippines has a law prohibiting the operation of a motor vehicle if the driver is under the influence of alcohol or prohibited drugs. This is Republic Act 10586 or the Anti-Drunk and Drugged Driving Act of 2013.
However, Senator Raffy Tulfo thinks that the law lacks teeth and drunk driving incidents continue to rise each year. He wants to amend the law to increase the maximum penalty from PHP 500,000 to PHP 1,000,000 in the hopes that drivers would think twice before getting behind the wheel while intoxicated.
Senate Bill (SB) 2546 authored by Sen. Tulfo, if becomes a lay, will amend certain provisions of RA 10586 and will increase the maximum penalty of PHP 500,000 to PHP 1,000,000 if the drunk or drugged driving incident resulted in homicide. Additionally, SB 2546 provides that the driver’s license of the erring driver shall be confiscated and suspended for 24 months.
Tulfo said that the Land Transportation Office’s (LTO) Law Enforcement Service – Anti-Drunk and Drugged Driving Enforcement Unit reported that there were 402 road crash incidents from January to August of 2022, wherein 353 of those crashes involved drivers who tested positive for alcohol or drug intoxication.
Tulfo also cited a report by the Philippine National Police-Highway Patrol Group (PNP-HPG) that the number of incidents involving drunk driving had a 90% increase in 2022 vs 2021 (It must be noted, however, that lockdowns were enforced in 2021 due to COVID).
RA 10586
According to RA 10586, a person who operates a private vehicle with a gross weight not exceeding 4,500 kg must not have a blood alcohol concentration (BAC) of 0.05% and above.
As an example, consuming at least 2 bottles of SMB Light within an hour would raise your BAC to 0.05%. Drinking more would mean higher BAC. For PUV drivers or riders, the limit is 0.00% BAC, or ZERO blood alcohol content.
If a driver or motorcycle rider is found to have at least 0.05% BAC, RA 10586 imposes stiff penalties for the erring motorist, including jail time and revocation of their driver’s license – for life.
If the motorcycle rider or driver is found to be driving under the influence after being subjected to a breathalyzer, field sobriety, or clinical test, especially if he or she got involved in an accident, the penalty is 3 months imprisonment plus a fine of up to PhP80,000.
If the accident due to riding or driving while intoxicated results in physical injuries, the penalty provided in Article 263 of the Revised Penal Code is imprisonment or a fine of up to PhP200,000 shall be imposed.
If the accident resulted in the death of another road user or pedestrian, the penalty includes prison time and a fine of up to PhP500,000.
Additionally, if the rider or driver possesses a non-professional driver’s license, it will be confiscated by the authorities and is subject to a 1-year suspension. A second offense will merit a perpetual revocation of the non-professional driver’s license. For those who possess a professional driver’s license, it is going to be an automatic perpetual revocation of the driver’s license.
