New Hampshire does not have a specific law that outright bans vaping while driving. There are no state statutes that mention e-cigarette or vape device use behind the wheel as a prohibited act. However, this does not mean you are free from legal risk if you choose to vape while operating a vehicle.
Distracted Driving Laws Apply
- Vaping can be considered a form of distracted driving if it interferes with your ability to safely operate your vehicle. Police may issue citations if they observe that vaping is distracting you, causing you to lose control, or if vapor clouds obstruct your vision.
- Distracted driving penalties in New Hampshire can be significant, with fines up to $2,500 and possible jail time for repeat offenses.
- Actions such as reaching for your vape, handling the device, or producing large vapor clouds can all be cited under distracted driving laws, even though vaping itself isn’t specifically mentioned.
Hands-Free Law
- New Hampshire’s hands-free law prohibits the use of handheld electronic devices for communication or data entry while driving, including cell phones and tablets.
- Vape devices are not included in this law, as they are not considered communication or data-entry devices. However, if you are manipulating your vape device in a way that distracts you, you could still be cited under distracted driving statutes.
Underage and Other Restrictions
- No person under 21 may possess or use e-cigarettes or vapor products in New Hampshire, including while driving.
- Vaping is strictly prohibited on school grounds and in places where indoor smoking is banned, but these rules do not specifically extend to private vehicles unless the vehicle is on such property.
Summary Table
| Situation | Legal? | Notes |
|---|---|---|
| Vaping while driving (adults) | Not specifically banned | Can be cited for distracted driving if unsafe |
| Vaping while driving (under 21) | Illegal | Underage possession/use is prohibited |
| Vaping with vapor cloud obstructing view | Illegal if unsafe | Can be cited for distracted driving |
| Using vape as a communication device | Not applicable | Hands-free law does not apply to vape devices |
It is not specifically illegal to vape and drive in New Hampshire, but you can be cited for distracted driving if vaping interferes with your ability to drive safely. Underage drivers are prohibited from vaping at all. To avoid legal issues, only vape when your vehicle is safely parked and never let vaping distract you from the road.
Sources:
- https://casaa.org/get-involved/state-locator/new-hampshire/
- https://catsnh.org/resources/hands-free-law/
- https://www.breathenh.org/lung-health/e-cigarettesvaping
- http://www.cotrupilaw.com/drugged-driving-resources.html