Is It Illegal to Vape and Drive in South Dakota? Here's What the Law Says

Vaping while driving is not explicitly illegal in South Dakota as of current law, but that does not mean it is without consequences or restrictions.

Vaping and Driving: What the Law Says

No Direct Ban on Vaping While Driving

South Dakota law does not specifically prohibit vaping while driving. There are no statutes that mention using an electronic smoking device or e-cigarette while operating a motor vehicle as a standalone offense.

This is consistent with most states, where vaping while driving is generally not illegal unless it leads to unsafe driving or another violation.

Vaping Laws in South Dakota

Public Use Restrictions: Vaping is treated similarly to smoking in South Dakota. The use of e-cigarettes or vapor products is prohibited in almost all workplaces and public buildings, including bars, restaurants, and casinos. These bans do not extend to private vehicles unless the vehicle is used for business purposes or is considered a public or shared space.
Youth Access: It is illegal for anyone under 21 to purchase, possess, or use vapor products in South Dakota.
Product Regulations: Vapor products must be sold in original manufacturer’s packaging, and there are restrictions on where and how they can be sold to prevent youth access.

Safety and Distracted Driving

While not illegal, vaping while driving can be dangerous. Research shows that vaping or smoking while driving can be distracting, requiring drivers to take their eyes off the road or hands off the wheel, even if only for a few seconds.

This distraction can increase the risk of accidents. If vaping leads to distracted driving and causes an accident, law enforcement could cite a driver for inattentive or reckless driving.

Practical Advice

Not Illegal, But Risky: Vaping while driving is not against the law in South Dakota, but it is not recommended due to safety concerns.
Distracted Driving Laws Apply: If vaping causes you to drive unsafely, you could be cited under general distracted driving or reckless driving statutes.
Public Spaces: Remember that vaping is banned in most public buildings and workplaces, but not in your personal vehicle unless it is used for business or is a shared/public space.

Summary Table

Activity	Legal in South Dakota?	Notes
Vaping while driving	Yes	Not illegal unless it causes unsafe driving or another violation
Vaping in public/workplace	No	Banned in most public buildings and workplaces
Vaping by minors (under 21)	No	Illegal to purchase, possess, or use

Vaping while driving is not illegal in South Dakota unless it leads to distracted or reckless driving. However, it is discouraged for safety reasons. Always prioritize safe driving habits and be aware of the broader restrictions on vaping in public and workplace settings.

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