Las nulidades del procedimiento administrativo para determinar la embriaguez durante la conducción automotora en Colombia y su afectación como prueba de cargo en las sanciones subyacentes

Abstract

The administrative procedure to determine drunkenness during automotive driving in Colombia, with a view to sanctioning this behavior, is regulated by the legal system, and its application reveals the proper forms of each trial that imposes the Constitutional canon of due process, in safeguard of the fundamental rights that assists the people who are immersed in this presumed unlawful behavior. However, during the administrative proceedings, capricious or involuntary behaviors by the authorities of traffic control, germ of rebellion or supine ignorance may occur, which repeal the systematic steps that must be carried out at the time of performing the tests to be determined. Drunkenness during automotive driving. The circumvention of a requirement or sacramental step of the procedure, sensitively affects the correspondence that should be held by the first respondent of the alleged conduct, against the cardinal right of due process enjoyed by the hypothetical offender, whose legal sequel may culminate in the nullity of the sanction and as a result of the disappearance of the criminal aggravating circumstance, if as a result of the action legally protected assets are affected; verbi gracia, that of life and personal integrity, when the alcoholic influence was the determining factor of the action of administrative and / or criminal censorship, which translates socially into the ineffectiveness of the disciplinary norm.