Vaping while driving is not explicitly prohibited under Virginia state law. However, specific circumstances and related statutes can make vaping in a car illegal, and some behaviors associated with vaping while driving may still be subject to regulation or penalties.
Key Points
1. No Statewide Ban on Vaping While Driving
Virginia law does not contain a general prohibition against vaping and driving for adults. This means that, for most drivers, using an e-cigarette or vaping device while operating a vehicle is not, in itself, illegal.
2. Restrictions When Minors Are Present
It is illegal to smoke (including vaping) in a motor vehicle, whether moving or parked, when a minor under the age of 15 is present. Violation of this law can result in a civil penalty of $100. The law defines smoking broadly, covering any “lighted smoking equipment,” which includes electronic vaporizing devices.
| Scenario | Is It Legal? | Penalty |
|---|---|---|
| Adult vaping while driving alone | Legal | None |
| Vaping with minor (under 15) present | Illegal | $100 civil penalty |
3. Age Restrictions
It is also illegal for anyone under the age of 21 to purchase, possess, or use any vaping or nicotine product in Virginia.
4. Distracted Driving Laws
While vaping itself is not banned, distracted driving laws are strictly enforced in Virginia. Performing any activity, including vaping, that takes a driver’s attention away from the road could result in a citation if it causes unsafe driving or an accident. Fines for distracted driving range from $125 to $250 for repeated offenses.
5. Marijuana and Other Impairing Substances
Vaping marijuana or any intoxicating substance while driving is illegal and may lead to a DUI or DUID (driving under the influence of drugs) charge.
Summary Table
Important to Know
Local ordinances may contain additional restrictions.
Virginia schools prohibit possession and use of vaping devices on school property and at school events.
Vaping in places where smoking is already banned is also prohibited.
Vaping and driving is legal in Virginia for adults, except when children under 15 are in the vehicle. However, you could still be cited if vaping causes distracted or reckless driving, or if you are using impairing substances.
Sources
[1] https://local.newsbreak.com/news/3778771037771-is-it-illegal-to-vape-and-drive-in-virginia-here-s-what-the-law-says
[2] https://law.lis.virginia.gov/vacode/title46.2/chapter8/section46.2-810.1/
[3] https://www.publichealthlawcenter.org/resources/us-e-cigarette-regulations-50-state-review/va
[4] https://virginiarules.org/varules_topics/alcohol-tobacco-and-marijuana/
[5] https://www.findlaw.com/state/criminal-laws/vaping-and-e-cigarette-laws-by-state.html
