What Is the Legal Blood Alcohol Limit for Drivers in the Philippines?

The Act leaves the level to the Department of Health, the National Police Commission and the transport department (Section 3(e) of Republic Act No. 10586). Their implementing rules set two limits:

"Conclusive proof" means the reading itself is enough to prove that the driver was under the influence. Under the rules, trucks and buses are motor vehicles with a gross vehicle weight of 4,501 kg and above, and motorcycles include two- or three-wheeled vehicles, with or without a sidecar.

The law does not say. It does not count drinks: it sets a BAC level only, measured with a breath analyzer. For motorcycle riders and for truck, bus and PUV drivers, any BAC above 0.0% is already over the limit.

The steps come from Section 6 of the Act and the implementing rules.

1. Probable cause. The officer must have a reason, such as overspeeding, weaving, lane straddling, sudden stops, swerving, poor coordination or the evident smell of alcohol. During a stop for another traffic offense, slurred speech, bloodshot eyes or a flushed face also count. The burden to show probable cause is on the officer.
2. Field sobriety tests. The driver steps out and takes all three tests on site:
   • the eye test (horizontal gaze nystagmus): following a pen or penlight with the eyes;
   • the walk-and-turn: nine heel-to-toe steps on a straight line, a turn, and back;
   • the one-leg stand: standing on one leg with the other foot about six inches off the ground for 30 seconds.
3. Breath analyzer. If the driver fails any of the field tests, the officer measures BAC with a breath analyzer on site.

• You pass all three field tests: you can be apprehended "for the other traffic offense only and not for violation of this Act".
• You fail a field test but the breath analyzer shows a BAC within the limit: the same rule applies, only the other traffic offense.
• The breath analyzer shows a BAC above the limit: you are arrested and brought to the nearest police station, and the vehicle goes to the nearest LTO impounding area until the registered owner's authorized representative claims it.

The rules also say a driver who passed the field sobriety or breath test must not be made to take a drug screening test afterward.

For the penalties after a conviction, see Drunk driving penalty in the Philippines.

Refusing has a heavy cost. Section 8 of the Act says a driver who refuses "the mandatory field sobriety and drug tests" loses his license by confiscation and automatic revocation, on top of other penalties.

The implementing rules use broader words: 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". So the Act names the field sobriety and drug tests, while the rules speak of the mandatory testing in general, in the part that also describes the breath analyzer step.

After an accident that killed or injured someone, yes. Section 7 of the Act requires chemical tests, including a drug screening test. The rules add an on-site field sobriety test and breath analyzer test "whenever practicable". See What to do after a road accident.

These are made-up examples to show how the rules work. They are not advice for any real case.

Carlo drives his own SUV home from a party. He is stopped for swerving, fails the one-leg stand, and the breath analyzer shows 0.04%. That is below the 0.05% limit for private vehicles, so he can be apprehended only for the swerving, not for drunk driving.

Weng rides her motorcycle after drinking. She is stopped for weaving between lanes, the officer smells alcohol, she fails the walk-and-turn, and the breath analyzer shows 0.02%. For motorcycles, any BAC above 0.0% is conclusive, so she is arrested and the motorcycle impounded.

Jerome drives a delivery truck. He passes all three field sobriety tests. Under the rules, he cannot be charged with drunk driving and cannot then be made to take a drug test, though he can still be ticketed for any other traffic violation.

Talk to a lawyer right away if you were arrested for drunk driving, if your license was confiscated after a refusal, or if you believe the officer had no probable cause or did the tests wrongly. A lawyer can check the officer's records of the field tests and the breath analyzer, which form part of the case. If you cannot afford a lawyer, see Free legal help in the Philippines for the Public Attorney's Office (PAO) and other options.