Blog Report

Wednesday, July 9, 2014

Nebraska Huffing Driver Can't Be Charged with DUI


A Nebraska woman's life changed forever when a driver smashed head on into her car.  After four surgeries the woman's broken bones are starting to heal, but she is still a patient in a rehabilitation hospital as goes through physical therapy.

The driver of the car that hit her vehicle was under the influence after huffing from computer duster spray. Nebraska state law doesn't allow for the city prosecutor to charge the driver with a DUI.  In referring to huffing while driving and Nebraska law, the prosecutor states, "It has the same affect on the body and ability to drive as someone driving under the influence of alcohol or drugs. But it’s not a drug, it's a chemical compound. Not all chemical compounds are drugs so I can't charge him for under the influence of a drug."

The woman in the accident is working to change state law so that huffing and driving offenses and accidents can be categorized as a DUI.  The driver in her accident will be sentenced in September for Willful Reckless Driving and being under the influence of an inhalant.   Combined the maximum sentence would be about five months in jail.  If huffing had been covered by the DUI law the driver could have faced felony charges for causing severe injury.

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