After publication of republic act 10586: Stiffer fines await ‘high’ drivers

CEBU, Philippines - With the publication yesterday of the implementing Rules and Regulations (IRR) of Republic Act 10586, or the Anti-Drunk and Drugged Driving Act, law enforcers can now begin imposing higher penalities on drivers caught under the influence of liquor or drugs while driving.

DOTC Secretary Joseph Emilio Abaya, in a statement posted at their website, said that the publication of the IRR would now permit law enforcers to start implementing the safety measures imposed under the said law.

Abaya said that the IRR provides that an allowable blood alcohol limit is below 0.05 percent for most drivers while public utility vehicles drivers cannot have any amount of  alochol in their blood at all.

Under the IRR, an apprehended driver who is suspected of driving under the influence of alcohol will be subjected to three field sobriety tests:

*The Eye Test (or “horizontal gaze nystagmus”), which requires the driver to follow with his gaze an object that the law enforcer moves horizontally, around one (1) foot away from the driver’s face;

* The Walk-and-Turn Test, which requires the driver to walk nine (9) steps forward in a straight line, turn, then walk back the same distance without difficulty; and

* The One-Leg Stand, which requires the driver to stand on one leg and raise the other around six inches from the ground for about sixty (60) seconds.

The DOTC statement further stated that if the driver passes these tests, he will be apprehended for his traffic violation only, and not for violating RA 10586.

In case, however, that the driver fails any of the three tests, he will then be subjected to an Alcohol Breath Analyzer Test, which will verify whether or not the driver violated the blood alcohol level limit.

It added that the driver found to have a higher blood alcohol level than the prescribed limit would be arrested and his vehicle impounded.

Julieto Flores, Cebu Provincial Bus Operators spokesperson, said the move is laudable to prevent road accidents.

“Pero, kani nga balaod (But this law is) another demolition job to get rid of buses and jeepneys para ipuli na nila ang (and replace them with the) MRT, LRT og BRT,” said Flores, who is also the Cebu South Mini-Bus Operators Association president.

Ahmed Cuizon, Land Transportation Franchising and Regulatory Board-7 director, said in Cebu, road accidents were normally due to human error and not due to the influence of liquor or drugs.

“Pero, this law can still help in preventing or minimizing road accidents,” Cuizon said.

The law likewise provides for penalties ranging from a minimum of three months imprisonment and P20,000 fine to a maximum of 20 years and a year imprisonment and P 500,000 fine.

Non-professional drivers who violate these law shall be served with a 12-month suspension for the first offense and perpetual revocation of their their license for a second offense.

While for professional drivers, first offense alone will result in perpetual revocation of license.— /RHM (FREEMAN)