LA PRESUNCIÓN DE CULPABILIDAD EN EL ARTÍCULO 182 DE LA LEY DE TRÁNSITO Y SU INCOMPATIBILIDAD CON EL PRINCIPIO CONSTITUCIONAL DE PRESUNCIÓN DE INOCENCIA

Abstract

Breathalyzer tests are frequently conducted on public roads to determine if a driver is under the influence of alcohol. If a driver refuses to take the test, it is presumed guilty of driving under the influence. This research, based on this premise, seeks to resolve the legal tension between this practice, the principle of proportionality, and the right to the presumption of innocence as a guarantee of due process when there is silence or a refusal to cooperate after being asked to take the test. It is found that there are difficulties in interpreting the law when establishing an absolute presumption against the driver. Consequently, it is concluded that an interpretation based on the guarantees of constitutional rights is necessary to determine whether this presumption should be eliminated and admit evidence to the contrary in the relevant cases.