Court says huffing chemical not intoxicant

Judge dismisses intoxicated driving charge

MADISON, Wis. — A state appeals court said a judge correctly decided to toss out an intoxicated driving charge against a woman who inhaled a chemical from a spray can.

Marilyn Torbeck crashed her car into an Oshkosh ditch last year. An informant told police Torbeck had a problem with “huffing,” or inhaling chemicals to get high. A blood test revealed the substance 1, 1-Difluoroethane, or DFE, a chemical found in air spray cans, in her system. Prosecutors charged her with third-offense operating while intoxicated.

A judge dismissed the case, saying DFE isn’t an intoxicant under state law. The 2nd District Court of Appeals agreed, ruling Wednesday that DFE isn’t a drug or intoxicant as defined in statute.

A message left at the Winnebago County district attorney’s office wasn’t immediately returned.