Vaping while driving in Wisconsin is not explicitly illegal, but it can lead to legal issues if it causes distraction or impairment. Here’s a breakdown of the relevant laws and considerations:
Vaping Laws in Wisconsin
Wisconsin allows the use of e-cigarettes, but there are regulations regarding their sale and use. For instance, selling e-cigarettes to minors is prohibited, and their use is restricted in certain public places. However, vaping THC or other controlled substances is illegal and can result in drug charges.
Distracted Driving Laws
Wisconsin has strict distracted driving laws aimed at reducing accidents caused by inattentive driving. While vaping itself is not banned, if it distracts the driver or affects their ability to operate the vehicle safely, it could lead to charges under the state’s distracted driving laws.
Key Provisions:
- Texting and Driving: Prohibited for all drivers, with fines ranging from $20 to $400 and up to 4 points on the driver’s license.
- Inattentive Driving: Any activity that interferes with safe driving is illegal, potentially leading to a fine of $173 and 4 points on the license.
- Handheld Devices in Work Zones: Their use is prohibited for all drivers.
Impairment and Driving
If vaping involves THC or other substances that impair driving, it can lead to charges similar to Operating While Intoxicated (OWI). Wisconsin bans THC and cannabinoids, and possession or use while driving can result in drug charges.
Impairment Testing:
- Unlike alcohol, there is no on-the-spot test for THC or other substances. If an officer suspects impairment, they may request a chemical test, such as blood or urine, typically conducted at a hospital or police station.
Penalties for Impaired Driving
If found driving under the influence of THC or other impairing substances, penalties can be severe:
- OWI Charges: Fines, license suspension, and potential jail time are possible.
- Drug Charges: Possession of THC products is a misdemeanor for first offenses, with potential fines and jail time.
While vaping itself is not illegal in Wisconsin, it can become a legal issue if it causes distraction or impairment while driving.
Drivers must ensure that vaping does not interfere with safe driving practices to avoid charges related to distracted or impaired driving. Always prioritize road safety and comply with Wisconsin’s laws regarding substance use and driving.
Additional Considerations
- Public Awareness Campaigns: Wisconsin actively promotes public awareness about the dangers of distracted driving through campaigns like “Leave your phone alone until you get home”.
- Legislative Developments: There are ongoing efforts to strengthen distracted driving laws, potentially including bans on handheld device use for all drivers.
SOURCES:-
[1] https://dahlbergomeara.com/wisconsin-criminal-defense-lawyer/weed-vapes-wisconsin/
[2] https://www.revenue.wi.gov/DOR%20Publications/pb304.pdf
[3] https://milwaukee-criminal-lawyer.com/is-vaping-a-crime-what-is-it/
[4] https://www.trustedchoice.com/distracted-driving/wisconsin-laws/
[5] https://www.enjuris.com/wisconsin/car-accident-lawsuits/distracted-driving/
