Refusal to take mandatory alcohol, chemical tests
Dear PAO,
I am a Grab driver.
One night, I hit a pedestrian, causing slight bruises in her thighs and legs. Law enforcers came into the scene of the ac- cident and required me to take certain alcohol and chemical tests, which I vehemently refused. Can I be held liable for refusing?
Dondon
Dear Dondon,
The law that addresses your situation is Sections 7 and 8 of Republic Act (RA) 10586, otherwise known as an “Anti-Drunk and Drugged Driving Act of 2013”:
“Section 7. Mandatory Alcohol and Chemical Testing of Drivers Involved in Motor Vehicular Accidents. – A driver of a motor vehicle involved in a vehicular accident resulting in the loss of human life or physical injuries shall be subjected to chemical tests, including a drug screening test and, if necessary, a drug confirmatory test as mandated under Republic Act No. 9165, to determine the presence and/ or concentration of alcohol, dangerous drugs and/or similar substances in the bloodstream or body.
“Section 8. Refusal to Subject Oneself to Mandatory Tests. – A driver of a motor vehicle who refuses to undergo the mandatory field sobriety and drug tests under Sections 6, 7 and 15 of this Act shall be penalized by the confiscation and automatic revocation of his or her driver’s license, in addition to other penalties provided herein and/or other pertinent laws.”
It is clear from the provisions cited above that a driver involved in a vehicular accident resulting in the loss of human life or physical injuries shall be subjected to chemical tests, including a drug screening test and, if necessary, a drug confirmatory test to determine the presence of alcohol, dangerous drugs and/or similar substances in the bloodstream or body, and refusal to do so may result in an automatic revocation of driver’s license in addition to the penalties of fine. Thus, since you were involved in an accident, you can be held liable for refusing to subject yourself to the mandatory alcohol and chemical tests.
We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.