Drink, drive, go to jail

Gregorio Miguel Pallugna

OUR own experience, the posts on social media and the horrifying traffic tell us one thing. The parties have begun! They actually also tell us two more things–the drinking sprees have started and there will be countless drunk drivers speeding down our tiny city streets. This Christmas season, it is worth knowing that there is a law called the Anti-Drunk and Drugged Driving Act of 2013, more commonly known as the Drunk Driving Law. This law penalizes the act of driving while under the influence of alcohol or illegal drugs. The penalties are not to be taken lightly because they range from three months to twenty years imprisonment and a fine that can go up to P500,000.

I will not delve on drugged driving anymore because the mere act of using illegal drugs is a crime in itself and is a danger to society whether the user drives or not. Drinking on the other hand is a more acceptable social activity and is generally safe until the person starts doing another activity like driving a motor vehicle. Although I do not promote driving after or while drinking, some might find it helpful to remember the following reminders when one is apprehended for driving under the influence of alcohol. Assuming that he is not too drunk to remember anything at that point.

The Drunk Driving Law authorizes a law enforcement officer (LEO) of the LTO or deputized by the LTO to apprehend any person who presents probable cause of driving under the influence of alcohol. LEOs can be police or RTA officers but they must always be deputized by the LTO. The first thing to remember is that a moving vehicle cannot be stopped without committing any traffic violation unless there is a checkpoint. So if you are driving a little drunk, you are safe as long as you drive very carefully and if you avoid checkpoints. If you do get hailed for any of these two reasons, just pray that you don’t look and smell drunk because if the law enforcement officer finds reason to believe that you are driving under the influence of alcohol, he has the legal obligation to ask you to get down from your car and undergo three field sobriety tests. These are tests that will help the LEO in determining whether you are too drunk to drive safely.

The first test is called the “eye test” where you will be asked to look at and follow an object, like a pen, which is moving horizontally about 1 foot away from your face. If you are drunk, your eyes will show an abnormal lateral jerking. You want to avoid this jerking if you want to pass the test. The second one is called the “walk-andun test” which requires you to walk a straight line for nine steps, putting one foot right next to the other and turning at the end to return to the starting point. This is actually not very easy to do even when sober, try doing it when you are drunk! The last test is the “one-leg stand” where you have to stand on one leg for 30 seconds without falling over. Pass all of these three tests and you are free to go. Fail any one of these tests and you get the privilege to use a machine called an Alcohol Breath Analyzer or a “breathalyzer”. In case you are wondering, the law does not allow a removal exam.

The breathalyzer is a machine that measures blood alcohol content (BAC) through your breath. For the purpose of the Drunk Driving Law, a driver of a private motor vehicle with a gross vehicle weight of not more than 4,500 kg, a BAC of 0.05 percent or higher shall be conclusive proof that the driver is driving under the influence of alcohol. For drivers of trucks, buses, motorcycles and public utility vehicles, a BAC of more the 0.0 percent is enough. According to the BAC calculator of an online health site, this means that if you are a male driver weighing around 150 pounds with a private car, you can drink up to three 330ml-bottles of light beer in three hours but nothing more. But if you are driving a truck, a motorcycle or a taxi, you are looking for trouble if you drink any amount of alcohol.

What happens then if you failed the breathalyzer test? You basically lose your license temporarily, get arrested and imprisoned until you bail yourself out. Fortunately, this offense is always bailable. Before you submit to any arrest however, make sure first that the officer is duly deputized by the LTO, make sure that you failed one or more of the field sobriety tests, and that there is an actual breathalyzer exam and you exceeded the limits mentioned above. Unless all of these are complied with, you cannot be arrested for drunk driving. Also, object to any attempt to have your blood tested. This is a violation of your rights unless waived with proper legal advice. If you object and they still test your blood, the results cannot be used against you. The best thing to do though, when you get arrested while driving after having a few bottles to drink is to call your lawyer. It is a risk to resist arrest because you might be charged with another offense, or your license may be revoked permanently.

This Christmas season, let us not make life complicated. Do not drink and drive. If you “need” to drink without limits, grab a cab or hire a driver. No one wants to spend the holidays in jail, especially your lawyer who most likely will be drunk too the moment you call him.