Monday, September 12, 2016

For DWI Prosecutions a "Hazardous Substance" May But Need Not Be Listed Under the Hazardous Substances Rules

State v. Carson, Minn.Ct.App., 9/6/2016.  For those who were wondering,  1,1-difluoroethane (DFE) is a "hazardous substance" under the DWI laws.  It is unlawful to drive while under the influence of a hazardous substance.

1,1-difluoroethane (DFE) turns out to be one of the components of those air canisters that blow all the dust out of the innards of computers.  A couple of things to know about such products: Although known as "canned air" there is no air in the products. The cans contain gases that have been compressed into liquids, something that air won't allow to happen except under really extreme temperatures.  Second,  when inhaled the gases displace oxygen in the lungs and removes carbon dioxide from the blood which causes the user a euphoric feeling.

Ms. Carson said that the state had failed to prove that she was under the influence of a "hazardous substance" which is defined as "any chemical or chemical compound that is listed as a hazardous substance in rules adopted under chapter 182 (occupational safety and health)."  DFE is not included in the chapter 182 list of hazardous substances.

However, those rules also state that the list includes the majority of hazardous substances but not all of them.  The rule further requires an employer to keep an eye peeled for the presence of other substances that are "hazardous."  

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