In Arkansas, there is no law that specifically prohibits vaping while driving for adults. Using a vape device behind the wheel is treated similarly to smoking cigarettes in your car: it is legal as long as it does not interfere with your ability to drive safely. There are, however, important exceptions and related laws that drivers should be aware of.
Key Exceptions and Related Laws
1. Vaping with Minors in the Car
- Arkansas law makes it illegal to smoke in a vehicle with a child under 14 years old (Act 811), and this is enforced as a primary offense.
- While the law explicitly mentions smoking, public health sources and legal analyses indicate that vaping is generally interpreted to fall under the same restriction, especially as laws evolve to address e-cigarettes and vapor products.
- If you are caught vaping with a child under 14 in your car, you can be pulled over and fined.
2. Distracted Driving
- If vaping distracts you from driving—such as creating large vapor clouds that obstruct your view or handling your device in a way that impairs your control—you can be cited for distracted or careless driving.
- Arkansas law prohibits any activity that prevents safe operation of a vehicle. If an officer determines your vaping contributed to unsafe driving, you could face fines or other penalties.
3. Underage Vaping
- The legal age to possess or use vaping products in Arkansas is 21. If you are under 21 and caught vaping (including while driving), you may face penalties, including confiscation of the device and community service.
Summary Table: Vaping and Driving Laws in Arkansas
| Situation | Legal Status | Notes |
|---|---|---|
| Adult vaping while driving | Legal | Unless it causes distraction or unsafe driving |
| Vaping with child under 14 in the vehicle | Illegal | Primary offense; can be pulled over and fined |
| Underage vaping (under 21) | Illegal | Device can be confiscated, other penalties apply |
| Vaping causes distracted/careless driving | Illegal | Can result in fines or charges |
Vaping and driving is legal in Arkansas for adults, as long as it does not interfere with safe vehicle operation. However, it is illegal to vape in a car with a child under 14, and underage vaping is prohibited entirely. If vaping leads to distracted or careless driving, you can be ticketed or fined. To avoid legal trouble, always prioritize safe driving and be aware of who is in your vehicle.
Sources:
- https://www.thv11.com/article/news/local/arkansas-lawmakers-tobacco-vapes-e-cigarette-products/91-963f677f-92c8-4514-8cba-d41c6cc5fb26
- https://achi.net/newsroom/combating-vaping-and-tobacco-use-in-arkansas/
- https://vaperanger.com/blogs/news/vaping-regulations-for-2025-in-the-united-states/
- https://www.thekindpen.com/blog/vaping-while-driving-is-it-safe-is-it-legal/