In Nebraska, vaping while driving is not explicitly illegal under state law as of 2025. However, certain restrictions and broader distracted driving regulations may apply depending on the circumstances. Here’s a detailed breakdown of what the law says about vaping and driving in Nebraska:
Vaping and Driving: Legal Status
Nebraska does not have a specific law that prohibits vaping while operating a motor vehicle. Unlike texting or using handheld wireless communication devices, which are explicitly restricted under Nebraska’s distracted driving laws, vaping is not categorized as a prohibited activity while driving. However, this does not mean drivers are free from potential consequences if vaping distracts them from safely operating their vehicle.
Distracted Driving Laws
Nebraska’s distracted driving laws are comprehensive and focus on activities that impair a driver’s ability to focus on the road. While vaping is not explicitly mentioned, any behavior that causes distraction—such as adjusting a vape device or exhaling large clouds that obstruct visibility—could fall under the umbrella of distracted driving.
If an officer determines that vaping contributed to unsafe driving behavior, it could result in a citation for reckless or inattentive driving.
Secondary Enforcement
Nebraska enforces distracted driving laws as secondary offenses. This means law enforcement officers cannot pull over drivers solely for engaging in distracting activities like vaping unless another traffic violation occurs simultaneously. For example, if a driver is speeding or fails to signal while vaping, they may be cited for both offenses.
Public Health Concerns
While vaping is legal in private vehicles, Nebraska’s Clean Indoor Air Act prohibits the use of electronic smoking devices in public places and places of employment, including state-owned vehicles. This distinction underscores the state’s commitment to reducing secondhand exposure to e-cigarettes and vape devices in shared spaces but does not extend to private vehicles.
Potential Risks of Vaping While Driving
Although vaping itself is not illegal while driving, it can pose risks that may indirectly lead to legal consequences:
- Visual Obstruction: Large vapor clouds can temporarily obscure visibility inside the vehicle.
- Physical Distraction: Adjusting vape settings or refilling e-liquid while driving can divert attention from the road.
- Health Hazards: Sudden coughing fits or nicotine-related dizziness could impair a driver’s ability to react promptly.
Best Practices for Drivers
To avoid potential issues related to vaping while driving:
- Ensure vaping does not interfere with your ability to focus on the road.
- Avoid creating excessive vapor clouds that might obstruct visibility.
- Refrain from adjusting vape devices or handling e-liquids while the vehicle is in motion.
- Be mindful of passengers who may be sensitive to secondhand vapor exposure.
While it is not illegal to vape and drive in Nebraska, drivers should exercise caution to ensure their actions do not compromise safety or lead to distracted driving citations. Understanding broader traffic laws and maintaining focus behind the wheel are essential for avoiding legal complications. As public health concerns around vaping continue to grow, future legislation may further address its use in vehicles.
SOURCES:-
[1] https://dhhs.ne.gov/Pages/Smoke-Free-FAQ.aspx
[2] https://www.safenebraska.org/safe-home-play/distracted-driving/facts-laws
[3] https://www.findlaw.com/state/criminal-laws/vaping-and-e-cigarette-laws-by-state.html
[4] https://www.lathroplawomaha.com/library/the-dangers-of-distracted-driving.cfm
[5] https://www.trustedchoice.com/distracted-driving/nebraska-laws/
