Vaping while driving is something many drivers might do without thinking twice, but is it legal? In New Hampshire, there is no specific law that directly bans vaping and driving. However, that doesn’t mean it’s without risks or consequences. Let’s dive into what the law says and how vaping might still get you into trouble behind the wheel.
What Does New Hampshire Law Say?
Currently, New Hampshire does not have a law that specifically prohibits vaping while driving. However, certain behaviors related to vaping and driving could still lead to legal issues, especially if it distracts you from driving safely.
Distraction While Driving
Even though vaping itself is not illegal, if it distracts you from focusing on the road, it could be considered “distracted driving.” Distracted driving is any activity that diverts your attention away from driving. This includes texting, talking on the phone, eating, and even vaping. If a police officer believes that you are not paying full attention to the road due to vaping, you could be pulled over and possibly ticketed for distracted driving.
Driving Under the Influence of Drugs
Another important factor is whether vaping is associated with substances that could impair your ability to drive. For example, if you’re using a vape pen that contains marijuana or THC, it could lead to charges for driving under the influence (DUI). New Hampshire has strict DUI laws, and consuming marijuana or any drug that impairs your driving ability is illegal, even if you are using it through vaping.
Secondary Laws to Keep in Mind
Age Restrictions: While vaping itself is not illegal, you must be of legal age to use vaping products. In New Hampshire, the legal age for purchasing vaping products is 18, or 21 in some situations. If you’re caught vaping underage, you could face legal penalties.
Open Container Laws: Although vaping isn’t regulated by New Hampshire’s open container laws, any form of consuming substances in the car—like alcohol—while driving could lead to charges. Keep in mind that any impairment due to a substance consumed through vaping could result in fines or more serious consequences.
While New Hampshire doesn’t have a specific law banning vaping while driving, it’s important to consider the potential risks. Vaping can be distracting, and if it affects your ability to focus on the road, it could result in a citation for distracted driving. Additionally, if you’re vaping substances that impair your ability to drive safely, such as marijuana or other drugs, you could face DUI charges. Always drive responsibly and stay alert to avoid any legal troubles on the road.
SOURCE
[1] https://ecigator.com/guide/ew-hampshire-vaping-driving-laws/
[2] https://mywaynecountynow.com/is-it-illegal-to-vape-and-drive-in-new-hampshire-heres-what-the-law-says/
[3] https://ecigator.com/web-stories/ew-hampshire-vaping-driving-laws/
[4] https://www.publichealthlawcenter.org/resources/us-e-cigarette-regulations-50-state-review/nh
[5] https://legiscan.com/NH/text/HB1244/id/2868251
