El alcohotest como elemento probatorio dentro de las infracciones de tránsito y su eficacia

Abstract

Traffic violations due to alcohol consumption are a latent problem in Ecuador, owing to how they are regulated, essentially because the process is based on an evidentiary means, which is the “Alcohotes” that utilizes a mechanism whereby people blow air and is reflected in previously established margins; however, this test lacks relevance, conductivity, and usefulness because it does not have a total efficiency, violating fundamental principles of people, such as legality. Firstly, a literature review of the different tests that can be performed to measure the degree of alcohol was made; secondly, the evidentiary means were analyzed in different legislations as well as in Ecuador; thirdly, surveys to different legal professionals as to their opinion of the tests performed in our country were made; and finally, different sentences dictated by the Criminal Judicial Unit with headquarters in the Azogues canton were studied, which allowed understanding the role played by the evidence in the criminal process.