San Diego DA warns of rise in deadly DUI crashes involving ‘whippets’

SAN DIEGO (FOX 5/KUSI) -- District Attorney Summer Stephan issued a public safety warning this week about a concerning rise in DUI cases involving nitrous oxide, also known as “whippets,” after an uptick in fatal crashes in San Diego County.

In an 11-month span since October 2024, prosecutors filed charges in three fatal DUI cases involving the use or suspected use of the gas — a stark contrast to the previous year, which saw zero such cases, according to the DA’s office.

“It’s important that we curb this trend before it gets worse,” said DA 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."

Between October 2024 and September 2025, the San Diego County Sheriff’s Crime Lab received 30 requests for inhalant testing. Of those, 29 cases involved DUI drivers, 18 of which involved traffic collisions. Eight were felony-level offenses — including three fatalities.

"While users seek a short time high, the practice carries serious long-term risks,” said San Diego County Sheriff Kelly Martinez. "This growing trend, particularly among young people, has been driven by social media promotion, easy access to large-volume containers and flavored products."

The sheriff’s office reports that suspected nitrous oxide DUIs are happening at a rate of nearly once every two weeks.

Often marketed as whipped cream chargers, nitrous oxide canisters are easily purchased online or at smoke shops — many of which sell them in bright, flavored packaging that critics say targets young people. Though nitrous oxide is legal for legitimate medical, culinary and automotive use, California law prohibits possession with intent to inhale for a high.

The danger lies not only in its easy availability but in the fact that it’s nearly undetectable in toxicology testing, due to its rapid absorption and elimination from the body — often within a minute or two, the DA’s office explained.

The Centers for Disease Control and Prevention has tracked a nationwide rise in nitrous-related poison control calls, ER visits and EMS responses. In March 2025, the FDA issued a public warning about recreational nitrous oxide products sold online and in stores. By June, additional brands like ExoticWhip and Mass Gas were added to the FDA’s watchlist for their colorful packaging.

Despite the risks, San Diego currently does not have a local ordinance banning or restricting the sale of nitrous oxide for recreational use — unlike Los Angeles, Santa Ana, Stanton, and parts of Orange County.

In 2017, Rialto became the first U.S. city to ban certain nitrous oxide sales after a 17-year-old boy died in a solo crash, the DA’s office reported. He was a passenger in a car where the driver passed out after inhaling the gas and collided with a tree.

With San Diego now seeing a rise in fatalities tied to whippets, county officials are urging greater awareness and action.

“People need to know that possessing these nitrous oxide canisters with the intention of abusing them is against the law," said DA Stephan.