In Washington state, vaping while driving is not explicitly prohibited, but there are laws and regulations that may affect how and when you can use a vape while behind the wheel. While the act of vaping itself isn’t a criminal offense, it could lead to legal issues under certain circumstances, especially if it results in distracted driving or violations of other traffic laws.
Vaping and Distracted Driving in Washington
Washington state has strict laws regarding distracted driving, which includes any activity that takes a driver’s attention away from the road. This includes using a phone, eating, or engaging in other activities that might reduce your focus on driving. While vaping itself isn’t specifically mentioned in the law, if vaping leads to distracted driving, it could fall under Washington’s Reckless Driving Law or Negligent Driving statute.
According to the Washington State Traffic Laws (RCW 46.61.670), driving under the influence of distractions is illegal. This means that if vaping causes you to take your eyes off the road, slow your reaction time, or engage in unsafe driving behavior, you could be cited for distracted driving. A distracted driving violation in Washington carries a fine and may result in points on your driving record.
Vaping in a Car with Minors
There’s a specific law in Washington regarding vaping in the presence of minors. According to RCW 70.160.075, it is illegal to use any form of vapor product in a motor vehicle when there is a passenger under the age of 18. This law aims to protect children from secondhand vapor exposure, just as smoking in a vehicle with a minor is prohibited.
If you’re caught vaping in a car with a minor present, you could face a fine. This is part of Washington’s broader efforts to reduce exposure to harmful substances, even if they are not as dangerous as traditional cigarettes. The law includes e-cigarettes and vape products, making it a violation to vape while driving with a child in the car.
Vaping and Driving Under the Influence of Nicotine or Other Substances
While vaping itself is legal, you should be cautious if it causes impairment. If vaping interferes with your ability to drive safely, such as causing dizziness or loss of focus, it could be considered impaired driving, similar to drinking and driving.
Washington state has laws prohibiting driving under the influence of alcohol or drugs, and vaping could potentially impair your ability to drive in a similar way. For example, if vaping causes you to experience dizziness or light-headedness, it could potentially lead to charges under Washington’s Driving Under the Influence (DUI) laws if it affects your ability to operate the vehicle safely.
Vaping and Visibility While Driving
Another potential legal issue with vaping and driving in Washington could be the visibility of the vehicle. When you vape inside your car, the fog or vapor created could reduce visibility inside the vehicle, which could lead to a reckless driving charge if it significantly affects your ability to see the road or other drivers.
Though not a direct legal issue, it’s important to consider the effect vaping may have on your visibility and ability to react to road conditions, particularly if the vapor clouds are heavy enough to impair your driving.
Vaping and Driving in Washington
Vaping while driving in Washington is not illegal by itself. However, if vaping leads to distractions, reduces your ability to focus on the road, or violates laws such as vaping in a car with minors present, you could face legal consequences. It’s important to be mindful of how vaping affects your ability to drive safely and be aware of specific restrictions like vaping around children. In general, ensure that vaping does not impair your driving or cause unnecessary distractions.
SOURCES
[1] https://www.publichealthlawcenter.org/resources/us-e-cigarette-regulations-50-state-review/wa
[2] https://lcb.wa.gov/vape/vapor-products-law
[3] https://www.axios.com/local/seattle/2025/02/20/vaping-flavors-ban-washington-state-menthol
[4] https://www.fresortech.com/vaping-laws-in-washington-state
[5] https://www.sboh.wa.gov/sites/default/files/2025-02/HIR-2025-02-SB5183.pdf
