State v. PinderAnnotate this Case
After he crashed a truck into a light post Defendant was arrested for driving under the influence (DUI). Defendant consented to a blood draw for toxicological testing, which revealed that his blood contained 6.2 mcg/ml of 1,1-difluoroethane (DFE), a chemical found in dust-remover. Defendant filed a motion to dismiss the DUI charge, arguing that DFE does not fit within the statutory definition of “drug.” The district court denied the motion to dismiss. Defendant subsequently entered into a plea agreement, and the court accepted his guilty plea. The Supreme Court affirmed, holding (1) the district court did not err when it did not apply the pharmacy definition of “drug” and instead used a commonly understood plain meaning definition; and (2) under that definition, DFE could be considered a drug, and driving while under the influence of DFE a violation of the DUI statute.