As vaping continues to rise in popularity, many drivers may wonder if it’s legal to vape while behind the wheel in Nebraska. While there are clear laws regarding texting and driving, the rules around vaping are less straightforward. In this guide, we break down the laws surrounding vaping and driving in Nebraska and help you understand if it’s illegal or risky to vape while on the road.
Nebraska’s Distracted Driving Laws
Nebraska, like many other states, has laws in place to prevent distracted driving. The state defines distracted driving as anything that takes a driver’s attention away from the road. This includes texting, talking on the phone, eating, or even adjusting in-car entertainment systems. While vaping is not explicitly mentioned in Nebraska’s distracted driving laws, it could still be considered a distraction if it takes your attention away from driving.
Vaping and Distracted Driving
Unlike texting or phone use, vaping itself is not illegal while driving in Nebraska. However, vaping could become a safety concern if it distracts the driver or interferes with their ability to control the vehicle. For instance, if a driver is trying to vape while operating the car, it could divert their attention away from the road, increasing the risk of an accident. This could fall under Nebraska’s general distracted driving laws, which could lead to legal consequences if the officer believes the driver was not paying attention to the road.
Laws Regarding Smoking and Vaping in Vehicles with Minors
While vaping is not banned outright in vehicles, Nebraska does have a law regarding smoking and vaping in vehicles with minors. According to state law, it is illegal to smoke or vape inside a vehicle when a child under the age of 18 is present. This law aims to protect minors from the harmful effects of secondhand smoke and vapor, which may have health consequences. If you’re caught vaping in a vehicle with a minor, you could face a fine or other penalties.
Safety Concerns with Vaping and Driving
Even though vaping is not explicitly illegal in Nebraska, it’s important to consider the safety risks involved. Vaping while driving can create distractions in various ways:
Visual Distractions: When vaping, the vapor cloud can obstruct your view, especially if it’s thick or if the car windows are fogged up.
Physical Distractions: Handling the vape device, adjusting the settings, or even just holding it can take your hands off the wheel, which is a form of distraction.
Cognitive Distractions: Focusing on the flavor, temperature, or even the sensation of vaping can divert your attention from the task of driving.
All of these distractions can impair your driving ability, increasing the risk of accidents, and leading to potential penalties if an officer determines your attention was compromised.
Legal Consequences for Distracted Driving
If you are pulled over and the officer believes that you were distracted while vaping, they may issue a citation for distracted driving. This could lead to fines, points on your driving record, and potentially higher insurance rates. While Nebraska does not have specific laws about vaping and driving, any behavior that takes your attention away from driving could result in legal consequences.
How to Stay Safe
To avoid any issues while vaping and driving in Nebraska, consider the following tips:
Limit distractions: Focus on the road at all times and keep vaping to a minimum, especially in traffic or unfamiliar areas.
Vape before or after driving: If you need to vape, try to do so before you get on the road or after you’ve safely parked your vehicle.
Be mindful of passengers: If you’re driving with children, be aware of Nebraska’s law prohibiting vaping in vehicles with minors.
Vaping while driving is not explicitly illegal in Nebraska, but it can still be considered distracted driving if it takes your attention away from the road. While vaping in general is legal, it’s essential to use caution and be aware of how it may impact your ability to drive safely. Remember that smoking and vaping in vehicles with minors is prohibited in Nebraska, and failure to comply could result in fines. Always prioritize road safety, and avoid distractions while driving to ensure your safety and the safety of others on the road.
SOURCES
[1] https://www.publichealthlawcenter.org/resources/us-e-cigarette-regulations-50-state-review/ne
[2] https://dhhs.ne.gov/Pages/Smokefree-Nebraska.aspx
[3] https://www.generationv.com/2025/02/26/vaping-etiquette-in-nebraska-dos-and-donts-in-public-spaces/
[4] https://www.findlaw.com/state/criminal-laws/vaping-and-e-cigarette-laws-by-state.html
[5] https://nebraskastatecannabis.org/laws
