State v. CarsonAnnotate this Case
The chemical 1,1-difluoroethane (DFE) is not a hazardous substance under Minn. Stat. 169A.03(9) because it is not listed as a hazardous substance in Minn. R. ch. 5206.
Appellant was arrested three times on suspicion of driving while impaired (DWI). An analysis of her blood showed the presence of DFE. Appellant was convicted of three counts of third-degree DWI for operating a motor vehicle while under the influence of a hazardous substance. The court of appeals affirmed. The Supreme Court reversed, holding that DFE is not a hazardous substance under the definition provided in section 169A.03(9).