The right to legal certainty in convictions admitted with breathalyzer tests: analysis of the Ecuadorian legal system

Authors

DOI:

https://doi.org/10.5281/zenodo.15770316

Keywords:

Breathalyzer test, state of intoxication, breathalyzer

Abstract

The objective of this research is to establish the theoretical and regulatory foundations for the mandatory use of breathalyzer tests to enforce criminal penalties for traffic and road safety violations, thereby contributing to ensuring the right to legal certainty in the Ecuadorian legal system. In developing this study, theoretical methods were used, such as: historical-logical and analytical-synthetic. Empirical methods were used: experimental and observation. The need for the breathalyzer test to be legal is raised so that the judge can justify his sentence in strict legal terms. Part of the judge's criterion requires that the test meets several elements to convince the court of the guilt or innocence of a person, in this case, the driver, who is presumed to be intoxicated.

 

 

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Published

2025-07-03

Issue

Section

Artículos de Investigación

How to Cite

The right to legal certainty in convictions admitted with breathalyzer tests: analysis of the Ecuadorian legal system. (2025). Revista Societas IURIS, 3(2), 112-131. https://doi.org/10.5281/zenodo.15770316