Abuse feared in drink-drive law
The Cebu City police are ready to implement the anti-drunk driving law once it takes effect.
But Senior Supt. Mariano Natu-el, chief of the Cebu City Police Office (CCPO), expressed skepticism over the implementation of the law, saying there could problems in apprehending violators.
The police official said law enforcers might just monitor beerhouses and wait for customers to leave.
Natu-el said a would-be violator could be apprehended right in the parking area.
Natu-el suggested that to prevent drunk-driving, beerhouses should not provide parking spaces to discourage customers from bringing cars.
President Aquino on Monday signed the 27 Republic Act No. 10586, otherwise known as the Act Penalizing Persons Driving Under the Influence of Alcohol, Dangerous Drugs and Other Similar Substances.
The anti-drunk and -drugged driving law, which was designed to ensure road safety, takes effect 15 days after its publication.
BRIBES
Deputy presidential spokesperson Abigail Valte, who announced the signing of the law in a Malacañang briefing, admitted that it could be open to abuse, especially by traffic enforcers who would demand bribes from motorists.
However, she said grievance mechanisms were in place.
We encourage the reporting of law enforcement officers who may want to take advantage of this law,” Valte said of the safety nets for motorists against “kotong (extortion) cops.”
The law mandates the Land Transportation Office, Philippine National Police, Metropolitan Manila Development Authority and deputized local traffic enforcers to conduct sobriety tests on drivers suspected of drunk driving.
Motorists may be pulled over on suspicion of driving under the influence (DUI) by a “law enforcement officer who has probable cause to believe that a person is driving under the influence of alcohol, dangerous drugs and/or similar substances by apparent indications and manifestations.”
According to the law, the telltale signs of a DUI are “overspeeding, weaving, lane straddling, sudden stops, swerving, poor coordination, evident smell of alcohol in a person’s breath or signs of use of dangerous drugs and other similar substances.”
Traffic enforcers are required to use a breath analyzer (breathalyzer), a gadget to determine the blood alcohol concentration level of a person through testing of his or her breath.
Failing the sobriety test, the person under question may be subjected to a breathalyzer.
The law, however, does not specify the “level of intoxication” needed to fall within the definition of a DUI.
Instead of setting a threshold level, the law gives the determination to the Department of Health, National Police Commission and Department of Transportation and Communications.
In the United States, the current blood alcohol level limit is pegged at 0.08 percent.
For drivers suspected of driving under the influence of illegal drugs, law enforcement officers may bring the driver to the nearest police station for drug testing.
There shall be compulsory alcohol and/or chemical testing, including a drug screening test, of drivers involved in motor accidents, as mandated by Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002).
Penalties range from three-month imprisonment and fines of P20,000 to P80,000 if the violation did not result in physical injuries.
The fines get heavier if the violation results in physical injury.
“The fine goes up to P100,000 to P200,000 and the penalty for imprisonment also goes up. If the violation involves homicide, the fine goes up to P300,000 to P500,000, as well as the penalty for imprisonment,” said Valte. /CORRESPONDENT CHITO O. ARAGON AND INQUIRER
