La eficacia constitucional en la prueba de alcoholemia y narcotest en materia de tránsito y seguridad vial

Abstract

The objective of this study is to analyze the constitutional veracity on the scope of the breathalyzer test and narcotest in matters of traffic and road safety, so that the legal-legal parameters are complied with when practicing its usefulness. To this end, documentary research was applied, which is linked to the analysis and reflection of historical texts, legal instruments, journals or bibliographic sites of a scientific nature, necessary to corroborate the evaluation criteria, the principles related to the test, the procedure, the sanctions and doctrinal, legal and constitutional development that entails the realization of this test. Among the main results, it is highlighted that the civilian traffic agents at the time of proceeding to perform the breathalyzer and narcotest test must comply with the technical-scientific parameters, but in case the drivers refuse to take the test, psychosomatic tests will be practiced, the same ones that must be captured in audiovisual media, but this action will be of a reserved nature and may be reproduced only within the process, in addition, the right to the protected legal good, road safety, legal security and the presumption of innocence must be safeguarded. From what has been analyzed, it is concluded that the correct practice of the aforementioned evidence serves as a tool to avoid traffic accidents and if at the time of taking the test the traffic agent constitutes it as an element of conviction if it affects due process, but if it is only considered as investigative evidence it does not violate our constitutional rights.