Vaping has become a popular alternative to smoking, and many people enjoy vaping while on the go. However, if you’re driving in Washington State, you may be wondering: Is it illegal to vape and drive in Washington?
While vaping itself isn’t banned while driving, there are certain regulations and laws you should be aware of to ensure you’re not breaking any traffic or safety rules. In this article, we’ll break down the key points surrounding vaping and driving in Washington State.
Vaping and Distracted Driving Laws
In Washington State, there is a distracted driving law that aims to reduce distractions behind the wheel, keeping drivers and passengers safe. While the law doesn’t specifically mention vaping, it falls under the broader category of distractions that can impair a driver’s ability to focus on the road.
Distracted Driving: What Does It Mean?
Distracted driving refers to any activity that diverts attention from driving. This includes using a cell phone, eating, adjusting the radio, or even engaging in behaviors like vaping. In Washington, if vaping takes your attention off the road or causes you to drive recklessly, you could be charged with distracted driving.
According to Washington’s Revised Code of Washington (RCW) 46.61.668, distracted driving is illegal if it involves activities that divert attention from the primary task of driving. This includes holding or using any device or engaging in actions that can take your focus away from the road.
If you’re caught vaping while driving and it leads to distracted driving, such as swerving or not paying attention to traffic signs, you could face penalties.
Penalties for Distracted Driving
If you’re found guilty of distracted driving in Washington, the penalties can include:
Fines: The first offense could result in a fine of $136, with the possibility of increased fines for repeated violations.
Points on Your Driving Record: Distracted driving can add points to your driving record, which may affect your insurance rates.
Increased Penalties for Reckless Driving: If your vaping results in reckless driving or an accident, you could face more serious charges, such as reckless driving or even negligent driving.
Vaping and Other Legal Considerations
While vaping and driving may not directly break any specific law in Washington, there are additional factors to consider:
1. Vehicle Smoking Laws
Washington State has laws that restrict smoking in cars with minors present. While vaping isn’t specifically prohibited in the same way as smoking tobacco, the Washington State Clean Indoor Air Act includes restrictions on smoking in enclosed spaces.
Although vaping isn’t considered “smoking” under the law, it may still be a good practice to avoid vaping in the car with young passengers to comply with safety standards and avoid any potential distractions.
2. Vaping and Impairment
If you’re vaping substances that contain THC (the active ingredient in marijuana), driving under the influence of marijuana is strictly illegal in Washington. The law requires that drivers be under the legal limit for THC in their blood (5 nanograms per milliliter or more) while driving.
If vaping leads to impaired driving, you could face charges of driving under the influence (DUI), which can result in severe consequences such as license suspension, fines, and possible jail time.
3. Vaping and Accident Liability
If you’re involved in a car accident while vaping and it’s determined that your actions contributed to the accident, you could be held liable for any damages or injuries. Vaping while driving could be seen as an act of negligence if it distracts you from focusing on the road, which could lead to civil lawsuits or insurance disputes.
Best Practices for Vaping and Driving
To avoid legal trouble and ensure safety, consider the following best practices if you vape while driving in Washington:
Limit Distractions: If you must vape while driving, make sure to do so when the car is stationary, such as at a red light or in a safe parking area. Avoid handling your vape device while driving to prevent distractions.
Don’t Vape While Under the Influence: If your vape contains THC or any other intoxicating substances, do not drive after using it. Driving under the influence of any substance, including marijuana, is illegal and dangerous.
Avoid Vaping with Minors in the Car: While vaping isn’t banned with minors in the car, it’s always best to be cautious and avoid creating distractions that could compromise safety.
In Washington, vaping while driving is not explicitly illegal, but it can lead to distracted driving charges if it affects your ability to focus on the road. Always be mindful of the potential dangers of distractions, whether caused by vaping or other activities.
If you are vaping a substance containing THC, remember that driving under the influence of marijuana is illegal and comes with severe penalties. Keep yourself and others safe by avoiding distractions, driving responsibly, and following all state laws related to driving and vaping.
