State v. Pinder, 2015 MT 157 (June 9, 2015) (Wheat, J.) (5-0, aff’d)

Issue: Whether 1,1-Difluorethane (DFE) is a drug such that driving under its influence is DUI.

Short Answer: Yes.

Affirmed

Facts: Taylor Pinder crashed a truck into a lamppost outside a motel in Butte. When police arrived, Pinder was exiting a bathroom in the motel dining room. He appeared intoxicated and was having difficulty standing, walking, speaking, or follow verbal commands. The officers called for an ambulance to take him to the hospital. Shortly, after, a motel employee have the officers a can of aerosol dust remover discovered in the bathroom Pinder had exited. The officers knew dust remover can be used as an inhalant.

At the hospital, Pinder was arrested for DUI.…