TRABAJO DE TITULACIÓN QUE SE PRESENTA COMO REQUISITO PREVIO A OPTAR EL GRADO DE ABOGADO DE LOS TRIBUNALES Y JUZGADOS DE LA REPÚBLICA

Abstract

Article 182 of the Organic Law on Land Transport, Traffic, and Road Safety states that motor vehicles cannot be driven after consuming alcohol, among other substances, in levels exceeding those permitted according to the scale established by the corresponding regulation. This provision is linked to the obligation of drivers to submit to a breathalyzer test, under penalty of being presumed to be at the highest level of intoxication. This rule is complemented by the procedure outlined in Article 247 of the Regulation of said law, which specifies that if a traffic officer orders the detention of a vehicle and its driver, and the driver refuses to take the breathalyzer test, a psychosomatic examination must be performed. This examination includes tests of pupils, balance, ambulation, finger-to-nose coordination, conversation, and reading, all of which must be recorded on video. The individual must be warned that their refusal will be considered as a presumption of being at the highest level of intoxication. Consequently, the person must be detained and brought before the competent on-duty judge within 24 hours to be tried for flagrancy, which is inapplicable in cases of presumed crimes or misdemeanors.