As of February 2025, vaping while driving is not explicitly illegal in Delaware. However, there are several important considerations and potential legal consequences to be aware of:
Vaping and Driving Laws
While Delaware law does not specifically prohibit vaping while driving, it’s important to note that:
- Vaping could potentially be considered a form of distracted driving if it impairs your ability to operate a vehicle safely.
- If vaping produces thick vapor clouds that obstruct your vision, you could be cited for careless driving or windshield obstruction.
- Police officers may interpret vape devices as electronic devices, similar to cell phones, and issue citations accordingly.
Potential Legal Consequences
If caught vaping while driving in a manner that affects your driving ability, you may face:
- Citations for careless or reckless driving
- Fines similar to those issued for speeding or driving under the influence
- Potential license points, depending on the specific violation
Vaping with Minors in the Vehicle
Delaware has recently passed legislation specifically addressing smoking in vehicles with minors present:
- Governor John Carney signed a bill into law banning smoking of tobacco in any vehicle if someone under the age of 18 is present.
- While this law specifically mentions tobacco, it’s possible that it could be interpreted to include vaping as well.
- Violations of this law result in civil citations.
General Vaping Regulations in Delaware
It’s also important to be aware of Delaware’s overall vaping regulations:
- The minimum age to purchase or possess vape products is 21.
- Delaware banned the sale of all flavored vape products in 2020.
- A tax of $0.05 per milliliter is imposed on e-cigarette and vape products.
- Vaping is prohibited in many public places under the Delaware Clean Indoor Air Act.
Best Practices for Vaping and Driving
To avoid potential legal issues and ensure safety:
- Consider pulling over at a safe location if you need to vape.
- If you must vape while driving, use a small device that produces less vapor.
- Keep windows open to allow vapor to dissipate quickly.
- Never refill or adjust your vaping device while driving.
- Be aware that vaping could still be considered a distraction, even if not explicitly illegal.
While vaping and driving is not specifically illegal in Delaware, it could still lead to legal consequences if it impairs your driving or creates unsafe conditions. As laws and regulations around vaping continue to evolve, it’s crucial to stay informed and prioritize safety when behind the wheel. Always use common sense and avoid any activities that could compromise your ability to drive safely.
SOURCES:-
[1] https://www.nbcphiladelphia.com/news/local/delaware-set-to-ban-smoking-in-vehicles-with-children/3649895/
[2] https://www.thekindpen.com/blog/vaping-while-driving-is-it-safe-is-it-legal/
[3] https://casaa.org/get-involved/state-locator/delaware/
[4] https://ecigator.com/regulation/vaping-laws-in-delaware/
[5] https://davincivaporizer.com/blogs/news/is-it-illegal-to-vape-and-drive
