Now Vape and Drive in Vermont? Here’s What the Law Says About It

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In Vermont, the legality of vaping while driving depends on several factors, including the presence of minors in the vehicle and the potential for distracted driving. Here’s what the law says:

Vaping in Vehicles

1. Prohibition with Minors Present: Vermont law explicitly bans the use of vapor products (e-cigarettes) in vehicles when a person under 18 years old is present. This is outlined in Section 23-1134b(a) of Vermont statutes.
2. General Use While Driving: There is no specific law that outright prohibits vaping while driving for adults when minors are not present. However, if vaping leads to distracted driving or impairs your ability to operate the vehicle safely, it could result in legal consequences under general traffic safety laws.

Distracted Driving Laws

• Vermont prohibits the use of handheld portable electronic devices while driving, requiring hands-free operation for activities like calling or texting. Although vaping devices are not explicitly categorized as electronic devices under this law, engaging in any activity that distracts from safe driving—such as vaping—could be considered a violation.
• Texting or using a phone while driving is strictly prohibited, and penalties apply if these actions contribute to unsafe driving conditions.

Driving Under the Influence (DUI)

• If vaping involves substances like THC (from cannabis), it could lead to a DUI charge if the driver is impaired to a degree that makes them incapable of driving safely. Vermont law treats driving under the influence of drugs, including cannabis, as a serious offense with significant penalties such as fines, imprisonment, and license suspension.

Public Health and Safety Laws

• Vermont’s Clean Indoor Air Act prohibits the use of vapor products in certain public spaces where smoking is also banned. However, this does not directly apply to private vehicles unless minors are present.

Key Takeaways

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• Vaping while driving is not inherently illegal in Vermont unless it involves minors in the vehicle or impairs your ability to drive safely.
• Drivers should exercise caution to avoid distracted driving and ensure that their actions do not compromise road safety.
• Using THC-containing vape products while driving could result in severe legal consequences under DUI laws.

To stay compliant with Vermont laws and prioritize safety, avoid vaping while operating a vehicle, especially when children are present or if it could lead to distraction or impairment.

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