Vaping and driving is a legal gray area in Illinois. While there is no explicit statewide law that specifically bans vaping while driving, several important legal considerations mean drivers should be cautious.
No Direct Ban on Vaping While Driving
As of 2025, Illinois does not have a law that directly prohibits vaping while operating a vehicle. This means that, unlike texting or making video calls, there is no statute that makes it illegal to simply use an e-cigarette behind the wheel.
Distracted Driving Laws Apply
- Vaping can still get you in trouble under distracted driving laws. Illinois law prohibits any behavior that distracts a driver from safely operating their vehicle, including eating, drinking, grooming, and potentially vaping. If vaping causes you to lose focus, obstructs your vision (for example, by producing large clouds of vapor), or leads to erratic driving, you could be cited for distracted or reckless driving.
- Penalties: Distracted driving violations can result in fines, points on your license, and even license suspension or criminal charges if an accident occurs.
Local Ordinances and Special Situations
- Some cities or counties in Illinois may have local ordinances that more strictly regulate vaping in vehicles, so it’s wise to check local laws if you’re unsure.
- Vaping is banned in indoor public spaces and within 15 feet of building entrances under the amended Smoke Free Illinois Act, but this does not extend to private vehicles unless parked in these areas.
Recent Changes to Driving Laws
As of January 2024, Illinois expanded its distracted driving laws to ban video calls, watching videos, and using social media while driving, in addition to the existing ban on texting.
While vaping is not specifically mentioned, any activity that distracts you from driving could result in a citation if it impairs your attention or driving ability.
Key Takeaways
- Vaping while driving is not explicitly illegal in Illinois.
- You can be cited if vaping distracts you or impairs your driving.
- Local ordinances may impose additional restrictions.
- Vaping is banned in public indoor spaces and near entrances, but not in private vehicles unless local law says otherwise.
If vaping while driving causes you to drive unsafely or violates local ordinances, you could face legal consequences. The safest approach is to avoid vaping while driving to ensure your full attention is on the road.
Sources:
- https://news.wttw.com/2024/01/02/new-illinois-laws-you-need-know-2024-indoor-vape-ban-paid-time-doxing-and-more
- https://blockclubchicago.org/2024/01/01/changes-to-illinois-laws-as-of-january-1/
- https://d8superstore.com/is-it-illegal-to-vape-and-drive
- https://dohmanlaw.com/distracted-driving-in-illinois/
- https://en.wikipedia.org/wiki/List_of_vaping_bans_in_the_United_States