When you think of a DWI charge, you probably imagine someone driving under the influence of alcohol or drugs. However, those aren’t the only intoxicating substances, and not too long ago, Minnesota closed a loophole in regards to another intoxicant – inhalants.
Under Minnesota law, someone is guilty of DWI if they are caught driving, operating, or being in physical control of a motor vehicle while under the influence of alcohol, a controlled substance, or an intoxicating substance; having an alcohol concentration that exceeds the legal limits; or having any amount or the metabolites of a schedule I or II controlled substance. The key language in that text is “intoxicating substance,” because it suggests that the product does not need to be illegal in order for it to lead to a DWI charge.
For example, one way in which people get high or intoxicated is by huffing household substances, like glue or keyboard duster. Prior to this year, these household objects were not explicitly mentioned in the state’s DWI law, and that led to prosecutors dropping at least one individual’s DWI charge.
Updated Language
As is often the case, the language of the law only changed in part due to a tragedy. Two brothers from Rosemount lost a family member to a DWI crash in Wisconsin where the perpetrator was high on a chemical found in air duster cans. Thankfully, Wisconsin’s DWI law had accounted for that possibility, but Minnesota’s DWI law did not have such language. The brothers contacted their state senator, who authored a bill to close the loophole on intoxicating chemicals found in everyday products.
The bill was overwhelmingly supported in both the house and the senate, and Governor Dayton signed it into law in May of 2018. The law officially went into effect on August 1 of this year.
Just because a substance is not a street drug or alcohol, doesn’t mean that you can’t still get hit with a DWI in Minnesota. You need to be driving with a clear mind and focused on the road. Even if we can’t explicitly test for some substances, police can still charge you with DWI if they have reason to believe you are under the influence of intoxicants.
Make smart decisions behind the wheel, and in the event something happens and you need legal representation for a DWI charge or another traffic violation, please set up a free case evaluation with the team of lawyers at Appelman Law Firm.
