As vaping continues to grow in popularity, many people wonder about the legal implications of vaping while driving. In New Mexico, as in many other states, there are laws and regulations that govern the use of tobacco and vaping products. While vaping and driving may not have specific laws banning it outright, there are important considerations you should be aware of to ensure you are not violating any rules.
Vaping and Driving: What the Law Says in New Mexico
Currently, there are no specific laws in New Mexico that make it illegal to vape while driving. However, there are still several factors to keep in mind when it comes to vaping behind the wheel. The primary concerns are related to safety and distractions, which can lead to legal trouble if they cause an accident or impairment.
Safety Concerns: Distractions While Vaping
Vaping while driving is largely considered a distraction. Just like texting, adjusting the radio, or eating while driving, vaping can take your attention off the road, impair your ability to focus, and increase the likelihood of an accident. In New Mexico, distracted driving laws apply to any activity that significantly reduces your ability to operate a vehicle safely, including vaping.
If you are vaping and it leads to distracted driving—such as spilling e-liquid, losing control of your vape, or being distracted by clouds of vapor that obstruct your vision—this could lead to a reckless driving or careless driving charge. The penalty for reckless driving could include fines, points on your driver’s license, or even jail time, depending on the severity of the situation.
Open Container Laws and Vaping Products
New Mexico has strict open container laws when it comes to alcoholic beverages, and while vaping is not the same as drinking alcohol, there are some parallels. If you have an open container of e-liquid or a device that is considered a “container” and you are seen drinking or using it while driving, it could be viewed similarly to an open container of alcohol. However, this is not a direct violation unless the vaping product is being used in a manner that causes impairment.
It’s important to note that vaping while driving does not automatically mean you are violating open container laws. As of now, New Mexico’s open container laws apply to alcoholic beverages and do not explicitly cover vaping products.
Impairment and Driving Under the Influence (DUI)
If vaping leads to impairment, such as from using a substance that affects your ability to drive safely, then you could be charged with driving under the influence (DUI). For example, if you vape THC (tetrahydrocannabinol) or cannabis products while driving, and it impairs your ability to drive, this could lead to DUI charges. THC is a psychoactive compound found in marijuana, and using it can affect coordination, reaction time, and judgment—all of which are critical for safe driving.
Driving under the influence of drugs, including marijuana, is illegal in New Mexico. If you vape cannabis products and your driving is impaired, you could be arrested and charged with a DUI.
Vaping and Smoking Restrictions in New Mexico
While vaping itself is not directly banned while driving, there are restrictions on smoking and vaping in certain public areas within New Mexico. For instance, many cities and counties have laws prohibiting smoking or vaping in enclosed public places, including vehicles when minors are present. This is part of the state’s effort to reduce exposure to secondhand smoke and vapor.
If you are driving with a minor in the car, be aware that it is illegal to smoke or vape inside a vehicle with anyone under 18 years old in New Mexico. Violating this law could result in fines or other penalties.
Vaping and Driving in New Mexico
In summary, it is not illegal to vape while driving in New Mexico, as long as it does not lead to distracted driving or impairment. However, it’s important to remember that vaping can be a distraction, and anything that compromises your ability to drive safely could result in penalties, including reckless or careless driving charges. Additionally, vaping THC or other impairing substances while driving can lead to DUI charges if your ability to operate the vehicle is impaired.
To stay on the safe side, avoid vaping while driving whenever possible, especially in situations where it could distract you or impair your judgment. Always be aware of local ordinances and specific restrictions, particularly if you have minors in the car or are in public spaces.
SOURCES
[1] https://www.publichealthlawcenter.org/resources/us-e-cigarette-regulations-50-state-review/nm
[2] https://ops.group/blog/mexico-customs-surprises-pills-vapes-and-laptop-rules/
[3] https://cstflightservices.com/news/vaping-and-mexico-do-not-mix
[4] https://vaperanger.com/blogs/news/vaping-regulations-for-2025-in-the-united-states/
[5] https://www.sanborns.com/blog/are-vapes-allowed-in-mexico-a-travelers-guide-to-border-regulations/
