Wis. court says huffing chemical not intoxicant

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MADISON (AP) — A state appeals court says 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, August 1st 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.