There has been a recent increase in DUI cases involving drivers under the influence of nitrous oxide – commonly referred to as “whippets” – including three fatality cases in San Diego County over the past year, officials said Thursday.
While nitrous oxide is legal for a variety of purposes ranging from medical to culinary, California has criminalized the recreational use of the drug, which involves inhaling the gas. Statewide, possession of nitrous oxide for recreational purposes or being under the influence of the drug for recreational purposes is a misdemeanor offense.
But prosecutors say charging nitrous oxide-related DUI cases presents unique challenges, as toxicology tests might not detect the drug because it leaves the user’s system so quickly.
Since October of last year, the San Diego County Sheriff’s Crime Lab has received 29 cases for inhalant testing regarding drivers suspected of operating vehicles while under the influence of nitrous oxide. Eight of those cases led to felony charges, while 18 involved crashes.
Three of those felony cases included DUI homicide-related charges, while the San Diego County District Attorney’s Office says it did not file any charges for fatality cases involving the suspected use of nitrous oxide during the previous year.
“The increase we’re seeing of drivers abusing this drug is extremely concerning, and it’s important that we curb this trend before it gets worse.,” said San Diego DA Summer Stephan.
“We’re currently prosecuting three cases that include evidence of DUI drivers believed to have done ‘whippets’ before the separate crashes that killed or seriously injured their passengers or other drivers.”
Some California cities and counties have also enacted local bans and restrictions on its recreational use or sale for such purposes, though the DA’s office said no such ordinance is in place in San Diego.
Officials also say among the obstacles to curbing the drug’s use are retailers and online influencers who promote nitrous oxide products to young people.
“While users seek a short-time high, the practice carries serious long-term risks,” San Diego County Sheriff Kelly Martinez said in a statement.
“This growing trend, particularly among young people, has been driven by social media promotion, easy access to large-volume containers and flavored products.”
