In Delaware, vaping while operating a motor vehicle is not explicitly banned under state law. However, there are important considerations related to public safety and other laws that may impact whether or not it is advisable or legal to vape while driving.
General Vaping Laws in Delaware
While Delaware does not have a specific law prohibiting vaping while driving, the state does have laws that regulate the use of tobacco products and electronic smoking devices. These laws mainly focus on protecting public health, particularly in relation to secondhand smoke exposure and preventing underage vaping.
Distracted Driving Laws
One of the primary concerns with vaping while driving is the potential for distracted driving. While vaping itself is not banned, it can lead to distraction, especially if the driver is focused on the vape pen or cloud of smoke rather than the road. Under Delaware’s distracted driving laws, any activity that distracts the driver from safely operating the vehicle could lead to penalties.
In Delaware, distracted driving laws prohibit any actions that may impair a driver’s ability to focus on the road, such as texting, using a phone, or engaging in activities that require manual operation of devices. If vaping causes a driver to take their eyes off the road or engage in other distracting behaviors, they could be cited for distracted driving.
Smoking and Vaping in Vehicles with Minors
Another important consideration is Delaware’s law regarding smoking or vaping in vehicles when minors are present. According to the state’s laws, it is illegal to smoke or vape in a vehicle with a person under the age of 18. This includes both tobacco products and electronic cigarettes. The penalty for violating this law can include a fine.
Driving Under the Influence (DUI) Considerations
While vaping itself is not illegal, it’s important to remember that if a driver is found to be impaired by substances (such as marijuana or other drugs) and operating a vehicle, they can face DUI charges. In some cases, using a vape pen or e-cigarette containing THC (the psychoactive compound in marijuana) could lead to impaired driving, which would be subject to DUI laws in Delaware.
In Delaware, vaping while operating a motor vehicle is not explicitly illegal, but it can lead to legal issues in certain circumstances. If vaping causes a distraction, it could result in a citation for distracted driving. Additionally, smoking or vaping in a vehicle with a minor is prohibited, and using a vape pen with illegal substances could lead to charges related to impaired driving.
As a general rule, it is important to stay focused on the road and ensure that vaping does not interfere with your ability to drive safely.
SOURCES
[1] https://collincountymagazine.com/2025/07/10/is-it-illegal-to-vape-and-drive-in-delaware-heres-what-the-law-says/
[2] https://ecigator.com/regulation/vaping-laws-in-delaware/
[3] https://www.publichealthlawcenter.org/resources/us-e-cigarette-regulations-50-state-review/de
[4] https://delcode.delaware.gov/title16/c029/
[5] https://ecigator.com/regulation/us-vaping-laws-2025-state-federal/
