Dear Atty. Joji,

I recently went to a friend's birthday party and had a few shots. Since I was drunk, I didn't risk the danger of drunk driving because I am scared of what would happen. My friend, on the other hand, drove off despite having alcohol in his body. May I ask what might be the sanctions and consequences of drunk driving? Thank you, Attorney.

Cheska

***

Dear Cheska,

Your friend has committed a violation of Republic Act 10586, otherwise known as the Anti-Drunk and Drugged Driving Act of 2013. The said law, particularly Section 5 thereof provides that driving a motor vehicle under the influence of alcohol is an unlawful act. The said provision is quoted below:

"Section 5. Punishable Act. — It shall be unlawful for any person to drive a motor vehicle while under the influence of alcohol, dangerous drugs and/or other similar substances."

Moreover, the possible penalties that may be imposed to a drunk driver can be gleaned from Section 12 of the aforementioned law, to wit:

"Section 12. Penalties. — A driver found to have been driving a motor vehicle while under the influence of alcohol, dangerous drugs and/or other similar substances, as provided for under Section 5 of this Act, shall be penalized as follows:"

"(a) If the violation of Section 5 did not result in physical injuries or homicide, the penalty of three (3) months imprisonment, and a fine ranging from Twenty thousand pesos (P20,000) to Eighty thousand pesos (P80,000) shall be imposed;"

"(b) If the violation of Section 5 resulted in physical injuries, the penalty provided in Article 263 of the Revised Penal Code or the penalty provided in the next preceding subparagraph, whichever is higher, and a fine ranging from One hundred thousand pesos (P100,000) to Two hundred thousand pesos (P200,000) shall be imposed;"

"(c) If the violation of Section 5 resulted in homicide, the penalty provided in Article 249 of the Revised Penal Code and a fine ranging from Three hundred thousand pesos (P300,000) to Five hundred thousand pesos (P500,000) shall be imposed; and (d) The nonprofessional driver's license of any person found to have violated Section 5 of this Act shall also be confiscated and suspended for a period of twelve (12) months for the first conviction and perpetually revoked for the second conviction. The professional driver's license of any person found to have violated Section 5 of this Act shall also be confiscated and perpetually revoked for the first conviction. The perpetual revocation of a driver's license shall disqualify the person from being granted any kind of driver's license thereafter."