WI Appeals Court: Driving After Huffing Cannot Be Charged As Drunk Driving

Motorists who huff or inhale contents in spray cans to get high should not be prosecuted as drunk driver a Wisconsin state appeals court ruled Wednesday. The court upheld the decision from a judge who had dismissed her charges since the chemical found in her system didn’t qualify as an intoxicant. 

According to the ruling, those motorists should instead face reckless driving charges instead. The case stems from a Winnebago County case where 40-year-old Marilyn Torbeck crashed in March 2011 after allegedly huffing. According to officials she was confused and disoriented and had previously had three crashes in one day related to huffing. 

A blood test revealed Difluoroethan, or DFE, in her system and she was cited for an OWI – third offense. DFE is often found in air-compressed spray cans, but is not listed as a controlled substance. 

If you or your loved one has been seriously injured in any type of impaired driving accident, it is important to speak with a qualified and experienced Wisconsin personal injury attorney who can help you navigate the legal system.