Facts...driver drives car into building. He has 10 cans of compressed air (for computer keyboards) and states he has been "huffing" it since mid-morning (at least 2 hours ago). He tells paramedics he's at an intersection he would have reasonably passed at least 10 minutes ago and shows signs of intoxication.

Can has warning which states "Misuse by deliberately concentrating and inhaling contents may be harmful or fatal."

Is this DWI? By what manner / means?

I suspect your intoxicant is 1,1-Difluoroethane.

Is subject impaired? Yes....

Is it a DWI? I will leave that to you legal experts for that conclusion....

Lisa, I'm not a prosecutor although I specialized in DWI law my first four years with DPS. The definition of intoxication is so broad ("or any other substance") that his loss of his faculties because he was "huffing" compressed air which contains a propellant that is dangerous when deliberately inhaled would qualify. I remember I had a judge once tell an ALR defendant who claimed he hadn't been drinking but was taking Nyquil for a cold that it didn't matter what the stuff was; if it caused him to lose the normal use of his mental and/or physical faculties,he was legally intoxicated.

Is the propellant a controlled substance or a dangerous drug?

Wouldn't inhalation of this substance be a violation of Section 485.031, Health & Safety Code (Possession or Use) underChapter 485 (Abusable Volatile Chemicals)? The main ingredient of the aerosol your defendant inhaled certainally seems to meet the definition of abusable volatile chemical according to Forensic Scientist.

Janette

Yes, I could get him for huffing. The problem stems from the "alcohol, controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance" from 49.01. That said - does anyone know enough about Difluoroethane to cover the complaint that this is just compressed air???

I don't see the problem. You can prove intoxication if he lost normal faculties by ingesting "any other substance," not just a drug or dangerous drug. All you need to do is have someone testify about the effects of huffing on one's mental and physical faculties. Huffing's become such a problem lately, I'm sure you can find someone who can do that.

Andrea got the "or any other substance" part I was going to mention. DWI without a doubt. We have successfully prosecuted several "huffing" DWIs.

Your facts are great for you/bad for the defendant. Someone from your lab should be able to testify to the powerful (albeit brief) effects of Difluoroethane on the humban body.