In a recent incident highlighting the implications of El Salvador’s updated traffic laws, Mariano Fernando Herrera, a Salvadoran-American citizen, was arrested for refusing to take a breathalyzer test. The arrest occurred in the early hours of December 28, 2024, and has since sparked controversy, with Herrera alleging police misconduct through opposition media outlet “La Prensa Gráfica.”
Herrera, who claims he had not been drinking and tested negative for alcohol, described his detention as unjust, accusing the police of aggression. However, the Vice Ministry of Transportation (VMT) responded by sharing a short video in which they refuted Herrera’s allegations of police aggression. The footage also clearly shows that Herrera did not undergo the breathalyzer test as required by law.
“The citizen, Mariano Fernando Herrera, was detained because he did not adequately perform the breathalyzer test that would allow us to determine his alcohol level,” stated the VMT.
Minister of Public Works, Romeo Herrera, supported this position, emphasizing the government’s commitment to enforcing the new zero-tolerance policy towards driving under the influence. “If a driver tests positive or refuses the breathalyzer test, we proceed according to the law,” the Minister asserted.
These developments come in the wake of recent reforms to El Salvador’s Land Transportation, Traffic, and Road Safety Law. The amendments, which aim to enhance road safety, include stricter penalties for traffic violations and the implementation of a zero-tolerance policy for alcohol consumption while driving. Under the new law, drivers who refuse to undergo a breathalyzer test face immediate arrest and are subject to the same penalties as those found guilty of driving under the influence.
The case of Mariano Fernando Herrera serves as a cautionary example of the government’s commitment to enforcing these new regulations to ensure safer roads for all Salvadorans.