There is no specific law in Wisconsin that makes it illegal to vape (use an e-cigarette) while driving. Adults are allowed to use e-cigarettes in private vehicles, and there are no statewide statutes that prohibit vaping behind the wheel. The main state regulations focus on:
- Prohibiting sales of e-cigarettes to anyone under 18
- Banning vaping in certain public places (like indoor areas and parks)
- Enforcing the federal minimum purchase age of 21
Distracted Driving and Vaping
While vaping itself is not banned while driving, using an e-cigarette can be considered a form of distracted driving if it interferes with your ability to operate the vehicle safely. Wisconsin law prohibits distracted driving, and officers can ticket drivers if vaping causes them to lose focus or control, similar to eating, texting, or other distractions.
- If vaping distracts you and leads to unsafe driving, you could be cited for distracted driving.
- Fines for distracted driving in Wisconsin can range from $20 to $400, plus court costs.
Vaping with Minors in the Car
Smoking or vaping with minors in the vehicle is not specifically outlawed statewide, but you could face penalties if it is deemed harmful to the child’s health, especially if secondhand vapor exposure is involved. Some local ordinances may have stricter rules.
Impairment and Substance Use
If your e-cigarette contains THC, synthetic cannabinoids, or other illegal substances, driving under their influence is illegal and can lead to charges for operating while intoxicated (OWI) or drug possession. Wisconsin allows only hemp-based CBD products with less than 0.3% THC.
- Driving while impaired by any substance, including those delivered via vaping, is illegal and subject to severe penalties.
Police Encounters and Testing
Police cannot stop or ticket you solely for vaping while driving. However, if they suspect you are impaired or breaking another law, they may investigate further. Refusing a chemical test for suspected drug impairment can lead to license suspension and other penalties.
Key Takeaways
- Vaping while driving is not illegal in Wisconsin-unless it causes you to drive unsafely or contains illegal substances.
- Distracted driving laws apply: If vaping distracts you, you can be fined.
- Driving under the influence of THC or other illegal substances is a crime.
- No statewide ban on vaping with minors in the car, but local rules may vary.
For your safety and to avoid legal trouble, always keep your attention on the road and never drive impaired-no matter what you’re vaping.
Sources:
- https://www.eauclaireattorney.com/blog/2024/11/e-cigarettes-and-driving-regulations-in-wisconsin/
- https://mylolowcountry.com/usa-laws/is-it-illegal-to-vape-and-drive-in-wisconsin-heres-what-the-law-says/
- https://www.publichealthlawcenter.org/resources/us-e-cigarette-regulations-50-state-review/wi
- https://www.revenue.wi.gov/DOR%20Publications/pb304.pdf