12/02/2026
This Post is released in honor of ๐๐ถ๐ป๐ด๐๐๐ผ๐ป ๐๐ต๐ฒ๐ป๐ด ๐
๐ฉ๐ฒ๐ต๐ถ๐ฐ๐๐น๐ฎ๐ฟ ๐๐ฐ๐ฐ๐ถ๐ฑ๐ฒ๐ป๐๐ ๐ฎ๐ป๐ฑ ๐๐น๐ฐ๐ผ๐ต๐ผ๐น
โIn the United States, a Blood Alcohol Concentration (BAC) level of 0.08 or higher is considered above the legal limit in nearly every state. The most frequently recorded BAC level among drivers who were killed in alcohol-impaired-driving accidents is, 0.16, or twice the legal limit.
It is more dangerous to drive drunk on a motorcycle than in any other vehicle. X x x
In the Philippines, a recent study in 2008 showed that ๐๐.๐% ๐จ๐ ๐ฆ๐จ๐ญ๐จ๐ซ ๐ฏ๐๐ก๐ข๐๐ฅ๐ ๐๐๐๐ญ๐ก๐ฌ, ๐ฐ๐๐ซ๐ ๐๐ฌ๐ฌ๐จ๐๐ข๐๐ญ๐๐ ๐ฐ๐ข๐ญ๐ก ๐๐ฅ๐๐จ๐ก๐จ๐ฅ ๐ฎ๐ฌ๐.โ
๐๐จ๐ฐ ๐ญ๐จ ๐๐ฌ๐ฌ๐๐ฌ๐ฌ ๐๐จ๐ซ ๐๐ฅ๐๐จ๐ก๐จ๐ฅ ๐๐ง๐ญ๐จ๐ฑ๐ข๐๐๐ญ๐ข๐จ๐ง
1. ๐๐ก๐ ๐๐ฒ๐ ๐๐๐ฌ๐ญ (โhorizontal gaze nystagmusโ)
- refers to horizontal or lateral jerking of the driverโs eyes as he or she gazes sideways following a moving object such as a pen or the tip of a penlight held by the Law Enforcement Officer, from a distance of about one (1) foot away from the face of the driver.
2. ๐๐ก๐ ๐๐๐ฅ๐ค-๐๐ง๐-๐๐ฎ๐ซ๐ง ๐๐๐ฌ๐ญ
- requires the driver to walk heel-to-toe along a straight line for 9 steps, turn at the end and return to the point of origin without any difficulty.
3. ๐๐ก๐ ๐๐ง๐-๐๐๐ ๐๐ญ๐๐ง๐ ๐๐๐ฌ๐ญ
- requires the driver to stand on either right or left leg with both arms on the side. The driver is instructed to keep the foot raised about 6 inches off the ground for 30 seconds.
๐๐๐ญ๐ข๐จ๐ง๐๐ฅ๐: Alcohol diminishes nervous system control of the body. It blunts all perceptive mechanisms and leads to loss of muscular coordination.
๐๐ก๐ ๐๐ฆ๐๐ซ๐ข๐๐๐ง ๐๐๐๐ข๐๐๐ฅ ๐๐ฌ๐ฌ๐จ๐๐ข๐๐ญ๐ข๐จ๐ง ๐๐ง๐ ๐ญ๐ก๐ ๐๐๐ญ๐ข๐จ๐ง๐๐ฅ ๐๐๐๐๐ญ๐ฒ ๐๐จ๐ฎ๐ง๐๐ข๐ฅ ๐จ๐ ๐ญ๐ก๐ ๐๐ง๐ข๐ญ๐๐ ๐๐ญ๐๐ญ๐๐ฌ ๐ซ๐๐๐จ๐ฆ๐ฆ๐๐ง๐๐๐ ๐ญ๐ก๐ ๐๐จ๐ฅ๐ฅ๐จ๐ฐ๐ข๐ง๐ ๐ฉ๐ซ๐๐ฌ๐ฎ๐ฆ๐ฉ๐ญ๐ข๐ฏ๐ ๐ฅ๐ข๐ฆ๐ข๐ญ๐ฌ ๐จ๐ ๐ข๐ง๐ญ๐จ๐ฑ๐ข๐๐๐ญ๐ข๐จ๐ง.
1. Persons who have ๐.๐๐% ๐๐ฅ๐๐จ๐ก๐จ๐ฅ ๐จ๐ซ ๐ฅ๐๐ฌ๐ฌ in their blood
- presumed to be uninfluenced by alcohol
2. Persons who have ๐.๐๐% ๐ญ๐จ ๐.๐๐% ๐๐ฅ๐๐จ๐ก๐จ๐ฅ in the blood
- considered to possibly be under the influence of alcohol
3. Blood alcohol level of ๐.๐๐% ๐ญ๐จ ๐.๐๐% ๐จ๐ซ ๐ฆ๐จ๐ซ๐
- gives rise to the presumption that the person is drunk.
๐๐๐๐จ๐ซ๐๐ญ๐จ๐ซ๐ฒ ๐๐ฑ๐๐ฆ๐ข๐ง๐๐ญ๐ข๐จ๐ง ๐ข๐ง ๐๐ฅ๐๐จ๐ก๐จ๐ฅ๐ข๐ฌ๐ฆ
โFor the qualitative and quantitative determination of alcohol, blood, urine, and respired air may be used from a living subject.โ
1. ๐๐ง๐๐ฅ๐ฒ๐ฌ๐ข๐ฌ ๐จ๐ ๐๐ฅ๐จ๐จ๐
2. ๐๐ง๐๐ฅ๐ฒ๐ฌ๐ข๐ฌ ๐จ๐ ๐ญ๐ก๐ ๐๐ซ๐๐๐ญ๐ก
3. ๐๐ง๐๐ฅ๐ฒ๐ฌ๐ข๐ฌ ๐จ๐ ๐ญ๐ก๐ ๐๐ซ๐ข๐ง๐
- may be variable in the different periods of alcohol intake
๐๐๐ ๐๐ฅ ๐๐ฌ๐ฌ๐ฎ๐๐ฌ
โThe legal issue confronting physicians in the taking of specimens of blood, urine and breath has been resolved in the decision of the U.S. Supreme Court in the case of ๐๐ก๐ฆ๐๐ซ๐๐๐ซ ๐ฏ. ๐๐๐ฅ๐ข๐๐จ๐ซ๐ง๐ข๐ (๐๐ ๐.๐. ๐๐๐, ๐๐ ๐. ๐๐. ๐๐๐) where it was held that:
1. There was no violation of the defendantโs constitutional privilege against self-incrimination because the privilege applies only to ๐ญ๐๐ฌ๐ญ๐ข๐ฆ๐จ๐ง๐ข๐๐ฅ ๐๐จ๐ฆ๐ฉ๐ฎ๐ฅ๐ฌ๐ข๐จ๐ง and does not apply to the taking of ๐ฉ๐ก๐ฒ๐ฌ๐ข๐๐๐ฅ ๐๐ฏ๐ข๐๐๐ง๐๐ from an accused.
2. The taking of a blood specimen by a physician in a simple medically accepted manner of a hospital environment was not brutal and offensive.
It did not constitute a violation of the due process clause of the Constitution.
3. The taking of a blood specimen under such circumstances, despite the fact that the accused had objected and protested because his lawyer had advised him not to submit to any chemical test, ๐๐ข๐ ๐ง๐จ๐ญ ๐๐๐ฉ๐ซ๐ข๐ฏ๐ ๐ก๐ข๐ฆ ๐จ๐ ๐ก๐ข๐ฌ ๐๐จ๐ง๐ฌ๐ญ๐ข๐ญ๐ฎ๐ญ๐ข๐จ๐ง๐๐ฅ ๐ซ๐ข๐ ๐ก๐ญ ๐ญ๐จ ๐๐จ๐ฎ๐ง๐ฌ๐๐ฅ. The facts that his counsel had erroneously advised him that he could assert his privilege against self-incrimination with respect to a chemical test did not give him any greater rights to which he was entitled.
4. While the taking of breath or bodily fluid specimens from an accused for the purpose of analysis to determine blood alcohol concentration does come within the scope of the ๐๐จ๐ง๐ฌ๐ญ๐ข๐ญ๐ฎ๐ญ๐ข๐จ๐ง๐๐ฅ ๐ฉ๐ซ๐จ๐ญ๐๐๐ญ๐ข๐จ๐ง ๐๐ ๐๐ข๐ง๐ฌ๐ญ ๐ฎ๐ง๐ซ๐๐๐ฌ๐จ๐ง๐๐๐ฅ๐ ๐ฌ๐๐๐ซ๐๐ก๐๐ฌ, the accused had been ๐ฅ๐๐ฐ๐๐ฎ๐ฅ๐ฅ๐ฒ ๐๐ซ๐ซ๐๐ฌ๐ญ๐๐ ๐๐๐๐จ๐ซ๐ ๐ญ๐ก๐ ๐๐ฅ๐จ๐จ๐ ๐ฌ๐ฉ๐๐๐ข๐ฆ๐๐ง ๐ก๐๐ฌ ๐๐๐๐ง ๐ฐ๐ข๐ญ๐ก๐๐ซ๐๐ฐ๐ง. ๐๐ง๐๐๐ซ ๐ญ๐ก๐๐ฌ๐ ๐๐ข๐ซ๐๐ฎ๐ฆ๐ฌ๐ญ๐๐ง๐๐๐ฌ ๐ญ๐ก๐ ๐ฐ๐ข๐ญ๐ก๐๐ซ๐๐ฐ๐๐ฅ ๐ฐ๐๐ฌ ๐ซ๐๐๐ฌ๐จ๐ง๐๐๐ฅ๐ ๐๐ฌ ๐๐ง ๐ข๐ง๐๐ข๐๐๐ง๐ญ ๐ญ๐จ ๐ ๐ฅ๐๐ฐ๐๐ฎ๐ฅ ๐๐ซ๐ซ๐๐ฌ๐ญ.
๐ฅ๐ฒ๐ณ๐ฒ๐ฟ๐ฒ๐ป๐ฐ๐ฒ๐
1. Legal Medicine by Pedro P. Solis, MD, LLB, DCrim
2. Legal Medicine, Vol. 1, 2020 Ed., by Atty. Leo O. Olarte, MD, FPCS, FPOA
(We offer our sincerest condolences to the grieving family and friends and pray that our system and community will step up in creating a safer space for each one to live in. ๐)
