It is not illegal for adults to vape and drive in Idaho, as long as no other laws are being violated. There is no statewide law that prohibits the act of vaping while operating a motor vehicle for adults. However, there are important restrictions if minors are present in the vehicle.
Key Restriction: Vaping in a Vehicle With a Minor Present
- Illegal With Minors: Idaho law (Section 49-675, Idaho Code) makes it illegal for anyone—driver or passenger—to smoke or vape in a motor vehicle if a person under 18 years old is present.
- Enforcement: This law is enforced as a secondary offense, meaning police can only cite you for vaping with a minor in the car if you are stopped for another traffic violation.
- Penalty: A violation results in a fine of $75, but it does not add points to your driving record or count as a moving violation.
Summary Table: Vaping and Driving in Idaho
| Situation | Legal? | Notes |
|---|---|---|
| Adult vaping while driving (no minors) | Yes | No law prohibits this |
| Vaping in car with minor (under 18) | No | $75 fine; secondary offense |
| Minor vaping in car | No | Law applies even if minor is the one vaping |
Other Relevant Vaping Laws in Idaho
- Minimum Age: It is illegal to sell or provide vaping products to anyone under 21 in Idaho.
- Public Vaping: There is no statewide ban on vaping in public places or vehicles, though some cities may have local restrictions.
- Vaping and Distracted Driving: If vaping distracts you from safely operating your vehicle, you could still be cited under Idaho’s distracted driving laws.
Bottom Line
- Adults can legally vape and drive in Idaho as long as there are no minors (under 18) in the vehicle and you are not distracted from driving.
- It is illegal to vape in a vehicle with a minor present—doing so can result in a $75 fine if you are stopped for another reason.
- Always check for any local ordinances that might impose stricter rules.
In summary: Vaping while driving is generally legal for adults in Idaho, but strictly prohibited if anyone under 18 is in the car.
Sources:
- https://legislature.idaho.gov/wp-content/uploads/sessioninfo/2020/legislation/H0437.pdf
- https://idahofreedom.org/senate-bill-1162-smoking-in-cars-with-minors/
- https://vaperanger.com/blogs/news/vaping-regulations-for-2025-in-the-united-states/
- https://odp.idaho.gov/e-cigarettes-and-vaping/