A motorist can be charged and convicted of driving under the influence for being in control of a vehicle after inhaling aerosol propellants, the Montana Supreme Court has ruled.
The 5-0 decision in June rejected a Butte man’s efforts to have a case against him dismissed.
Taylor Nelson Pinder was charged with felony DUI after a toxicology report indicated he was under the influence of difluoroethane when he crashed his car into a utility pole in February 2013
Difluoroethane is an ingredient in aerosol dust remover and other products.
Pinder had three previous DUI convictions, making the fourth charge a felony, court records said.
Pinder wanted the DUI charge dismissed, arguing state law prohibits being in control of a motor vehicle while under the influence of alcohol, drugs or a combination of the two.
He argued the laws only define the word “drug” in the context of pharmacy regulation.
The state Supreme Court agreed with the judge who found the plain meaning of the word drug – a substance that alters one’s perception or consciousness – applied to DUI laws.
The ruling also notes the purpose of the DUI statutes is to protect public safety by punishing individuals who cause their ability to safely operate a vehicle to be diminished.
Topics Legislation
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