Drunk Driving Penalty in the Philippines (RA 10586)
Quick answer
Drunk driving in the Philippines is punished under Republic Act No. 10586. If no one was hurt, the penalty is three months imprisonment and a fine of ₱20,000 to ₱80,000. If someone was injured, the fine is ₱100,000 to ₱200,000 plus the prison term for physical injuries; if someone died, it is ₱300,000 to ₱500,000 plus the penalty for homicide. The license is also suspended or revoked, and refusing the test leads to automatic revocation of the license.
Is drunk driving a crime in the Philippines?
Yes. Section 5 of Republic Act No. 10586, the Anti-Drunk and Drugged Driving Act of 2013, makes it unlawful "for any person to drive a motor vehicle while under the influence of alcohol, dangerous drugs and/or other similar substances".
For alcohol, the implementing rules set blood alcohol concentration (BAC) levels that are conclusive proof of driving under the influence: 0.05% or higher for drivers of private vehicles with a gross vehicle weight of up to 4,500 kg, and any BAC above 0.0% for drivers of trucks, buses, motorcycles and public utility vehicles. See What is the legal blood alcohol limit?
What is the penalty for drunk driving?
Section 12 sets the penalties by result:
| What happened | Imprisonment | Fine |
|---|---|---|
| No physical injuries or death | 3 months | ₱20,000 to ₱80,000 |
| Physical injuries | The penalty in Article 263 of the Revised Penal Code, or 3 months, whichever is higher | ₱100,000 to ₱200,000 |
| Death (homicide) | The penalty in Article 249 of the Revised Penal Code | ₱300,000 to ₱500,000 |
Article 249 punishes homicide with reclusion temporal, which lasts from 12 years and 1 day to 20 years (Article 27). Article 263 on serious physical injuries has four levels, from arresto mayor in its maximum period to prision correccional in its minimum period, up to prision mayor, depending on how badly the victim was hurt.
The case under this law does not stop other cases. Section 12 says prosecution under it is "without prejudice to criminal prosecution for violation of the Revised Penal Code", the dangerous drugs law and other laws and local ordinances.
Will you lose your driver's license?
Yes. Section 12(d) sets the license penalties:
- Non-professional license: confiscated and suspended for 12 months on the first conviction, and perpetually revoked on the second conviction.
- Professional license: confiscated and perpetually revoked on the first conviction.
A perpetually revoked license disqualifies the person "from being granted any kind of driver's license thereafter". For license renewal rules in general, see our driver's license renewal guide.
What happens if you refuse the test?
Section 8 says a driver who refuses the mandatory field sobriety and drug tests "shall be penalized by the confiscation and automatic revocation of his or her driver's license, in addition to other penalties".
The implementing rules use broader words for the roadside check. A driver "who refuses to undergo the mandatory testing as required" faces the same confiscation and automatic revocation, "after compliance with the requirement of due process". The Act itself names the field sobriety and drug tests; the rules speak of "the mandatory testing", in the part that also describes the breath analyzer step.
How do police check for drunk driving?
An officer needs probable cause, such as overspeeding, weaving, lane straddling, sudden stops, swerving, poor coordination or "the evident smell of alcohol" (Section 6). The driver then takes field sobriety tests. If he fails, the officer checks his BAC with a breath analyzer. A driver above the limit is arrested and the vehicle impounded, under the implementing rules.
Drivers involved in accidents that kill or injure someone must undergo chemical tests, including a drug screening test (Section 7). See What to do after a road accident.
Is the owner of the vehicle liable too?
Mainly for public utility and commercial vehicles. Section 13 makes the owner or operator "directly and principally" liable with the driver for the fine and the civil damages, unless it convincingly proves "extraordinary diligence" in choosing and supervising its drivers. The section principally applies to jeepneys, buses, taxis, delivery vans, cargo trucks, rented cars and similar vehicles. See Is the car owner liable for the driver's accident?
Is the old drunk driving fine still in force?
No. The 1964 Land Transportation and Traffic Code had a small fine for driving under the influence in Section 56(f). Section 19 of Republic Act No. 10586 repealed that subparagraph. The penalties above replaced it.
Section 16 tells the LTO to review the money penalties every five years. We found no official issuance that changed the amounts, so the figures on this page are those written in the Act.
How does this work in real life?
These are made-up examples to show how the rules work. They are not advice for any real case.
Paolo is driving his private sedan and is stopped for weaving. He fails the walk-and-turn test, and the breath analyzer shows 0.06%. That is above the 0.05% limit for private cars, so he is arrested and the car impounded. If convicted, and no one was hurt, he faces 3 months in jail, a fine of ₱20,000 to ₱80,000, and a 12-month suspension of his non-professional license.
Dodong, a jeepney driver, fails a field test and the breath analyzer shows 0.02%. For public utility vehicles, any BAC above 0.0% is conclusive proof of driving under the influence. His license is professional, so if he is convicted, it is perpetually revoked on his first conviction.
Rica fails the field sobriety test and then refuses the breath analyzer. Under the implementing rules, refusing the mandatory testing leads to confiscation and automatic revocation of her license, on top of other penalties.
When do you need a lawyer?
Talk to a lawyer as soon as you are arrested or charged, especially if someone was hurt or killed, or if your license was confiscated. A lawyer can check whether the officer had probable cause, whether the tests were done properly, and which penalties may apply. Victims and their families can also ask a lawyer about damages. If you cannot afford a lawyer, see Free legal help in the Philippines for the Public Attorney's Office (PAO) and other options.
Which provisions does this answer rest on?
Frequently asked questions
What is the penalty for drunk driving in the Philippines?
If no one was hurt: three months imprisonment and a fine of ₱20,000 to ₱80,000 (Section 12(a) of Republic Act No. 10586). The penalties are higher if the drunk driving caused physical injuries or death.
What is the penalty if a drunk driver kills someone?
The penalty for homicide under Article 249 of the Revised Penal Code, which is reclusion temporal (12 years and 1 day to 20 years), and a fine of ₱300,000 to ₱500,000 (Section 12(c)).
Will I lose my license for drunk driving?
Yes. A non-professional license is confiscated and suspended for 12 months on the first conviction and perpetually revoked on the second. A professional license is confiscated and perpetually revoked on the first conviction.
What happens if I refuse the sobriety or alcohol test?
Refusing the mandatory tests is penalized by confiscation and automatic revocation of the driver's license, on top of other penalties (Section 8 of Republic Act No. 10586 and its implementing rules).
Is the old ₱500 drunk driving fine still in force?
No. Section 19 of Republic Act No. 10586 repealed the drunk driving penalty in Section 56(f) of the Land Transportation and Traffic Code.
Does drunk driving also cover drugs?
Yes. Section 5 makes it unlawful to drive under the influence of alcohol, dangerous drugs or similar substances, and the same penalties apply.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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