Caught Drunk Driving? You'll Lose Your License Under LTO's New Policy

(SPOT.ph) With the holidays fast approaching, consider this your reminder not to get behind the wheel after drinking. Starting November 15, the Land Transportation Office (LTO) plans to make losing your driver's license the standard penalty for drivers caught driving under the influence of alcohol.

In a press release on October 29, the LTO clarified how it will handle these cases. Under Section 27(a) of Republic Act (RA) No. 4136, the agency can revoke the license of someone found to be an “improper person to operate a motor vehicle.” This differs from the criminal penalties that drivers may face under RA No. 10586 or the Anti-Drunk and Drugged Driving Act of 2013.

In other words, drunk drivers could face criminal charges under the law while the LTO will decide, separately, whether they can keep their licenses.

Also read: Road Accidents Kill Thousands in the PH Yearly: What Can We Do?

Law enforcement officers must follow the proper procedures when apprehending drivers suspected of driving under the influence of alcohol. To help ensure that motorists’ rights are respected, the LTO issued Memorandum No. MVL-2026-242, which outlines the correct order of testing.

First, an officer who suspects a driver is intoxicated must conduct a Field Sobriety Test (FST). According to RA No. 10586, these three standardized tests are designed to initially assess intoxication: checking the driver’s eye movements, asking them to walk and turn, and having them stand on one leg.

If the driver fails any of the field tests, officers can use an authorized Alcohol Breath Analyzer (ABA) to measure the driver’s blood alcohol concentration (BAC). Note that a breathalyzer cannot be used as the first assessment or on its own—it must come after the field tests.

Drivers who test positive on the breathalyzer will be referred to the LTO for further action. According to ABS-CBN News, the agency’s Intelligence and Investigation Division (IID) will issue a show-cause order, which requires drivers to appear before the agency to explain their side before a decision is made.

Under the new policy, license revocation will be the standard administrative penalty, replacing suspension or revocation.

Also read: What Should You Do If You Get Hit While on the Pedestrian Lane?

Under the implementing rules of RA No. 10586, the allowable blood alcohol concentration (BAC) depends on the type of vehicle you’re driving. If you’re driving a private vehicle with a gross vehicle weight of 4,500 kilograms or less, your BAC must be below 0.05%.

For motorcycle riders and drivers of trucks, buses, and public utility vehicles, the limit is stricter: any BAC above 0.0% counts as driving under the influence of alcohol.

Aside from losing their licenses, drivers who are convicted in court face three months in prison and a fine of P20,000 to P80,000 if the offense doesn’t result in physical injuries or death. If the violation results in death, the fine ranges from P300,000 to P500,000, with heavier prison sentences depending on the offense.