Violation of the principle of legality in view of the presumption of drunkenness for refusing to take a breathalyzer test.

Abstract

The driving of vehicles in a state of drunkenness is a social issue that afflicts us in Ecuador, so these behaviors are incorporated into our legal regulations.
In this investigative work we will focus precisely on the analysis of the procedure that is being given to cases of traffic contraventions in which conductors in a state of drunkenness are involved. Thus, at the time of apprehension, they are ordered to take a breathalyzer test. However, in the event of refusal to perform this test, as well as the psychosomatic examination, they are brought before the competent authority. In this way they are judged under the premise of being in the maximum state of drunkenness for having refused to practice such tests.
Given the above, my study is focused on the analysis of the legal procedure and judgment that is being applied in these cases. In this way, I will verify whether due process and the right to defence are being guaranteed, in compliance with the principle of the accused's citizenship.