The state of necessity versus driving while intoxicated in Ecuador

Abstract

In Ecuadorian legislation, at the time that a person is arrested for allegedly driving a vehicle while intoxicated, the judge does not consider that this fact can be framed within the causes of exclusion of illegality, specifically of the state of necessity and, before the non-observance or lack of justification, they grant penalties. Under this premise, the objective of this scientific research was to analyze the state of necessity, in traffic offenses for driving while intoxicated. The methodology that was proposed was descriptive with a qualitative approach, which was carried out through a bibliographic review. To collect the information, the different databases were used, such as: Scielo, Scopus, Google Scholar, Dialnet and Redalyc; With the extracted information, an analysis of a socio-legal nature was carried out within criminal law. In short. The state of drunkenness constitutes an aggravating factor at the time of establishing a sentence, despite the fact that a subject, by protecting a legal asset of greater value, injures another asset of lesser value; that is, it justifies the existence of the state of necessity and therefore, its conduct falls within the grounds for exclusion of illegality