Location:
DRUNK DRIVING;

OLR Research Report


January 27, 2003

 

2003-R-0098

DRIVING UNDER THE INFLUENCE OF AN INHALANT

By: George Coppolo, Chief Attorney

You asked whether New Jersey makes it illegal to operate a motor vehicle under the influence of an inhalant.

In 2000, New Jersey amended its driving under the influence law (DUI) to explicitly make it illegal to operate a motor vehicle while under the influence of an inhalant or other substance containing a chemical capable of releasing any toxic vapors or fumes. (NJRS 39: 4-50) it also explicitly made it illegal to permit another person who is under the influence of an inhalant or other substance to operate a motor vehicle. It applies the same penalties to this offense as it applies to driving under the influence of alcohol. We have enclosed a copy of the law.

The law specifies that an inhalant includes, but is not limited to, any glue, cement or any other substance containing one or more of the following chemical compounds: acetone and acetate, amyl nitrite or amyl nitrate or their isomers, benzene, butyl alcohol, butyl nitrite, butyl nitrate or their isomers, ethyl acetate, ethyl alcohol, ethyl nitrite or ethyl nitrate, ethylene dichloride, isobutyl alcohol or isopropryl alcohol, methyl alcohol, methyl ethyl ketone, nitrous oxide, n-propyl alcohol, pentachlorophenol, petroleum ether, propyl nitrate or propyl nitrate or their isomers, toluene, toluol, xylene, or any other chemical substance capable of causing a condition of intoxication, inebriation, excitement, stupefaction, or the dulling of the brain or nervous system as a result of the inhalation of the fumes or vapors of such chemical substance.

As under prior law, New Jersey makes it illegal to operates a motor vehicle while under the influence of intoxicating liquor or a narcotic, hallucinogenic, or habit-producing drug.

Connecticut law makes it illegal to operate a motor vehicle while under the influence of alcohol or drugs or both (CGS § 14-227a). The word "drug" is not defined by this law and it does not appear that it has been defined by our courts for purposes of this law. Under our law, a person operates under the influence of alcohol or drugs if the alcohol or drug has so affected his mental, physical, or nervous processes that he lacks to an appreciable degree the ability to function properly in relation to the operation of his vehicle (Infeld v. Sullivan, 151 Conn. 506). (The Infeld case dealt with alcohol, but presumably the ruling also applies to drugs. )

GC: eh