{"id":427766,"date":"2026-08-09T02:14:42","date_gmt":"2026-08-09T02:14:42","guid":{"rendered":"https:\/\/www.newsbeep.com\/us-ca\/427766\/"},"modified":"2026-08-09T02:14:42","modified_gmt":"2026-08-09T02:14:42","slug":"driver-convicted-in-san-diego-countys-first-nitrous-oxide-dui-trial","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/us-ca\/427766\/","title":{"rendered":"Driver convicted in San Diego County&#8217;s first nitrous oxide DUI trial"},"content":{"rendered":"<p>Following a trial last month that the City Attorney\u2019s Office described as the first of its kind in San Diego County, a jury convicted a 34-year-old man on two misdemeanor counts related to driving under the influence of nitrous oxide, City Attorney Heather Ferbert\u2019s office announced Thursday.<\/p>\n<p>Over the last year, local authorities have sounded the alarm about a sharp rise in the recreational use of nitrous oxide, a fast-acting substance also known as \u201claughing gas\u201d or \u201cwhippets\u201d that\u2019s commonly used during medical and dental procedures.<\/p>\n<p>Last October, District Attorney Summer Stephan said her office had filed three cases over the previous 11 months that involved the suspected use of nitrous oxide in connection with fatal traffic collisions. And earlier this year, state Sen. Catherine Blakespear,\u00a0D-Encinitas, <a href=\"https:\/\/calmatters.digitaldemocracy.org\/bills\/ca_202520260sb936\" target=\"_blank\" rel=\"noopener nofollow\">co-authored a bill<\/a> seeking to <a href=\"https:\/\/www.youtube.com\/watch?v=yb22KLQAKRI\" target=\"_blank\" rel=\"noopener nofollow\">ban the sale<\/a> of large nitrous oxide canisters for recreational use.<\/p>\n<p>Ferbert said nitrous oxide, which produces a high that lasts just a few minutes, can increasingly be found for sale in smoke shops and other retail locations and is particularly dangerous because it\u2019s designed to deprive the brain of oxygen.<\/p>\n<p>\u201cImpairment is impairment. It does not matter whether it comes from a bottle, a pill, or a canister,\u201d Ferbert said in a statement. \u201cEven a few minutes behind the wheel while impaired is a few minutes too long. It takes just moments for an impaired driver to lose control and catastrophically harm someone.\u201d<\/p>\n<p>According to Ferbert\u2019s office and court documents, the jury convicted the defendant on one count of driving under the influence of a drug and one count of possession of nitrous oxide with intent to inhale for purposes of intoxication.<\/p>\n<p>On July 24, a San Diego judge sentenced the man to five years of probation. The terms of his probation include mandatory DUI education classes and regular drug and alcohol testing.<\/p>\n<p>\u201cThis verdict sends a clear message that driving under the influence of any substance endangers our community and will not be tolerated,\u201d San Diego Police Chief Scott Wahl said in a statement.<\/p>\n<p>Cases involving suspected nitrous oxide impairment date back years. In 2011, a 20-year-old driver in Orange County was <a href=\"https:\/\/www.sandiegouniontribune.com\/2010\/11\/21\/driver-allegedly-huffed-nitrous-oxide-before-crash\/\" target=\"_blank\" rel=\"noopener nofollow\">allegedly huffing nitrous oxide from a balloon<\/a> just moments before he crashed at high speeds into a tree, killing one passenger and injuring himself and two others. In 2013, federal authorities in Los Angeles <a href=\"https:\/\/www.sandiegouniontribune.com\/2013\/03\/22\/feds-raid-17-calif-businesses-for-nitrous-oxide\/\" target=\"_blank\" rel=\"noopener nofollow\">raided at least 17 businesses<\/a>, most of them auto repair shops, on suspicion that they were illegally selling nitrous oxide for use as a recreational drug. In 2014, the son of a San Bernardino County mayor was killed in a crash in which the driver was allegedly high on nitrous oxide; that mayor\u2019s city, Rialto, later <a href=\"https:\/\/www.rialtoca.gov\/DocumentCenter\/View\/1564\/Rialto-Measure-for-Myles-Edward-Scott-Act-52721\" target=\"_blank\" rel=\"noopener nofollow\">became the first in the U.S. to ban<\/a> certain sales of the substance.<\/p>\n<p>But while nitrous oxide abuse is not new, authorities have said its use is on the rise, especially among young people. The U.S. Food and Drug Administration <a href=\"https:\/\/www.fda.gov\/food\/alerts-advisories-safety-information\/fda-advises-consumers-not-inhale-nitrous-oxide-products\" target=\"_blank\" rel=\"noopener nofollow\">issued an advisory<\/a> against its recreational use in March 2025, saying that it \u201ccan lead to serious adverse health events, including death.\u201d<\/p>\n<p>Jeff Lapoint, a medical toxicologist with Kaiser Southern California, said he sees about one or two cases a month. He said the drug, which is an inhaled anesthetic, is intended for emergency medicine or dental procedures.<\/p>\n<p>The effects don\u2019t last long, Lapoint said, adding that he has had patients who have put trash bags over their heads to prolong the feeling. He said a user could become unconscious at a certain dose.<\/p>\n<p>\u201cIt\u2019s euphoric,\u201d Lapoint said. \u201cThere\u2019s no hangover; it\u2019s quick on; it\u2019s quick off. It\u2019s fairly cheap; it\u2019s easy to obtain if (someone) can\u2019t get alcohol.\u201d<\/p>\n<p>The case that Ferbert\u2019s office recently took to trial stemmed from an incident that occurred March 10, according to her office and court documents in the case.<\/p>\n<p>That day, a San Diego police employee observed a driver lurching forward and backward several times with one of his tires up on a sidewalk before hitting a parked car, authorities said. The police employee \u2014 an investigative service officer with no sworn law enforcement powers \u2014 then saw the driver inhale nitrous oxide from a canister and called for patrol officers to respond.<\/p>\n<p>The patrol officers determined the defendant was under the influence of nitrous oxide, conducted a DUI investigation and found 10 canisters of the substance in his vehicle, according to Ferbert\u2019s office.<\/p>\n<p>Both the city attorney and district attorney have said that prosecuting such cases can be difficult, since toxicology testing is unlikely to register a drug that so quickly moves in and then out of a user\u2019s system. Ferbert said Deputy City Attorney Lauren Holt was able to convince the jury of the driver\u2019s guilt through evidence such as testimony from police officers and experts and the physical evidence recovered at the scene.<\/p>\n<p>The driver entered a treatment program shortly after his arrest, according to Ferbert, who said the judge considered his progress in that program at sentencing.<\/p>\n<p>\u201cAccountability and recovery are not opposites,\u201d the city attorney said. \u201cThis defendant is doing the work, and the court took that into account. Our job was to ensure accountability for the dangerous choice he made behind the wheel, and we\u2019re encouraged by his commitment to recovery.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"Following a trial last month that the City Attorney\u2019s Office described as the first of its kind in&hellip;\n","protected":false},"author":2,"featured_media":427767,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[28],"tags":[7,1312,138,181,23,100,74,84,76,75,1696],"class_list":["post-427766","post","type-post","status-publish","format-standard","has-post-thumbnail","category-san-diego","tag-california","tag-courts","tag-crime-and-public-safety","tag-latest-headlines","tag-local-news","tag-news","tag-san-diego","tag-san-diego-county","tag-san-diego-headlines","tag-san-diego-news","tag-top-stories-sdut"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/posts\/427766","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/comments?post=427766"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/posts\/427766\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/media\/427767"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/media?parent=427766"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/categories?post=427766"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/tags?post=427766"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}