La presunción de máxima embriaguez y su impacto en el debido proceso y presunción de inocencia en Ecuador

Abstract

This thesis addresses the presumption of maximum intoxication as defined in Article 464, numeral 5 of the Comprehensive Organic Criminal Code (COIP by its Spanish acronym), and how it violates the application of due process and the presumption of innocence in misdemeanor traffic proceedings for driving under the influence of alcohol. Therefore, the main objective of the research was to analyze and describe the impact of sanctioning a driver based on simple presumptions. A methodology with a qualitative approach and a non-experimental, descriptive method was proposed. For the theoretical development, we relied on the review of bibliographic documentation, scientific databases, doctrine, and comparative law. According to the analysis carried out, it is concluded that a presumption is not enough to entail criminal responsibility. Therefore, a legal reform is proposed to create a specific criminal offense and for the legislator to determine whether the refusal to undergo verification tests should be considered a crime or a misdemeanor, without implying, without evidence, that the driver was under the influence of alcohol.