Huffing Certain Substances May Not Be Enough for a DWI Conviction [infographic]

In Minnesota, huffing certain substances while driving a motor vehicle is not illegal and does not constitute a DWI conviction.

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Minnesota Hazardous Substance Laws

Under Minnesota law, driving while under the influence of non-hazardous substances is not considered a crime, and a driver cannot be arrested for a DWI. The chemical, difluoroethane (DFE), found in a common computer cleaning product called Dust-Off is one such substance. It is not listed as a hazardous substance under Chapter 5206 of Minnesota controlled substance laws.

In October 2017, the Minnesota Supreme Court overturned a gross misdemeanor DWI conviction when a woman was charged with huffing and driving. The woman was found unconscious in her car and charged with a DWI for operating a motor vehicle while under the influence of a hazardous substance. The Supreme Court held that Minnesota statutes clearly list all of the hazardous substances that constitute a DWI arrest and conviction, and the chemical found in Dust-Off is not on the list. Several Supreme Court Justices argued that driving while huffing substances like Dust-Off and other inhalants puts drivers and pedestrians at risk of serious harm and even death. In 2012, the Legislature made a brief attempt to modify Minnesota statutes regarding hazardous substances, but efforts failed.

The Dangers of Huffing

Dust-Off is an accessible, inexpensive, over-the-counter product that’s used to remove dust and debris from computers and electronics. It contains canned air and a refrigerant-based gas propellant cleaner that is commonly used for huffing among many teenagers and young adults. According to the Mayo Clinic, huffing Dust-Off can result in sudden death by causing sudden heart failure, even on the first use. The National Institute of Drug Abuse warns that approximately 200 people die every year as a result of huffing inhalants.

Huffing canned air, a toxic poison, has negative immediate and long-term consequences. Since canned air is a refrigerant, it often causes frostbite and restricted movements of the lips, mouth, and throat when inhaled. Repeated inhalant abuse can cause permanent brain damage that leads to irreversible neurological deficits in motor, sensory, and cognitive functions. The CDC warns of serious huffing side effects that include tremors, vision problems, hearing loss, and bone marrow toxicity, as well as damage to major organs including the heart, lungs, liver, and kidneys. Although Dust-Off has serious health consequences, it is not yet considered an illegal or hazardous substance in the state of Minnesota.

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

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How a DWI Affects CDL Holders in Minnesota

Commercial motor vehicle drivers arrested or charged with driving while impaired (DWI) may need to know how a DWI affects CDL holders in Minnesota. You will lose your Commercial Driver’s License (CDL) for at least a year if you are convicted of DWI for the first time, and forever after a second conviction. The consequences go beyond the immediate legal implications of a DWI conviction. A CDL suspension or revocation will lead to job loss, difficulty finding employment, and serious financial challenges.

How a DWI Affects Rideshare Drivers in Minnesota

Knowing how a DWI affects rideshare drivers in Minnesota allows you to take the right steps to protect your license and livelihood. A DWI conviction will lead to suspension or cancellation of your driver’s license. Once you lose your license, you will be ineligible for a work permit required to work for rideshare companies as a driver. You may also face jail time, fines, or ignition interlock device (IID) installation, depending on the seriousness and number of related offenses on your record.

Can Police Search Your Phone Without a Warrant in Minnesota?

People under criminal investigation or whose phones have been seized by law enforcement officers may ask, “Can police search your phone without a warrant in Minnesota?” It’s illegal for police to search your phone without a warrant. However, there are exceptions to the warrant requirement. These exceptions include when you consent to the search, someone’s life is in danger, or there is an immediate risk of evidence destruction.