In Wisconsin, vaping while driving is not explicitly prohibited by law. However, there are important considerations regarding distracted driving and substance use that could make vaping while driving problematic under certain circumstances.
Key Points About Vaping and Driving in Wisconsin
- Distracted Driving Laws:
- Wisconsin has a general distracted driving law that prohibits any activity that interferes with the safe operation of a vehicle. If vaping distracts a driver or compromises their ability to drive safely, it could lead to legal consequences under this statut.
- Nicotine Vaping:
- Vaping legal substances like nicotine is not a crime in Wisconsin. However, drivers must ensure that their vaping does not impair their focus or contribute to unsafe driving behavior.
- THC Vaping:
- Vaping THC (tetrahydrocannabinol) products is illegal in Wisconsin, as marijuana and its derivatives are classified as controlled substances. Possession or use of THC vape products can result in misdemeanor or felony charges, depending on the offense. If a driver is caught vaping THC while driving, they could face serious legal penalties.
- Underage Vaping:
- The possession and use of nicotine vaping products by individuals under 18 are prohibited in Wisconsin. For drivers under the legal age, vaping while driving could result in additional violations related to underage possession.
- Local Ordinances:
- Some municipalities in Wisconsin have stricter regulations regarding vaping, particularly in public spaces. While these laws do not specifically address vaping while driving, they may influence enforcement actions in certain areas.
Vaping while driving is not inherently illegal in Wisconsin if the substance being vaped is legal (e.g., nicotine). However, drivers must avoid distracted driving and ensure they comply with all substance-related laws. Vaping THC products or engaging in behaviors that compromise road safety can lead to significant legal consequences. Sources
- https://en.wikipedia.org/wiki/List_of_vaping_bans_in_the_United_States
- https://www.trustedchoice.com/distracted-driving/wisconsin-laws/
- https://dahlbergomeara.com/wisconsin-criminal-defense-lawyer/weed-vapes-wisconsin/
- https://pbswisconsin.org/news-item/vaping-down-among-wisconsin-teens-while-underage-sales-rise-under-new-law/
- https://www.villageoffoxpoint.com/599/Cigarettes-Vaping
