Ana Pineda: Breath-alcohol tests must be legalized


Ana Pineda
Lawyer, Ana Pineda, classifies AJS´ proposal, to legalize the use of breathalizer tests, as opportune and necessary at this time in Honduras. AJS recogniezed the need to reform this penalty law and drafted the necessary proposal to legally curb drunk driving.

"It is necesary that the law be regulated by legal norms in order that the breathalizer test is made obligatory. The law should also take measures to control those who administer the tests, as well as the interferences that arise in relation to the test," Pineda stated to REVISTAZO.COM.
It is also necesary that the driver is presumed guilty of homicide when s/he flees from the sight of the accident without lending any help to the victim/s. In similar cases causing injury or death, where the driver is not under the influence of drugs or alcohol, the driver should still be held responsible for rendering help to the victim/s, so that fleeing from the scene is not made an option.

With respect to the second proposal, Pineda pointed out that although there are norms that settle some of the concerns about the use of alcohol in Honduras, which AJS has taken into account, it needs to be put into practice in an effective way. The breathalizer test will permit us, at the scene of the crime, to
determine the level of alcohol of the individual in question.

Within the proposal, AJS has put together a table to determine the level of alcohol in the blood that makes a person incapable of driving a vehicle safely. In the past it has been thought that the driver should be in a "state of drunkeness" in order for charges to be made. The table that AJS has put together shows that even with small quantities of alcohol in the body, a person is incapable of driving a vehicle safely and should be fined. Money gathered from the fines could be put into a common fund in order to maintain and buy new testing equipment .

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