Vaping and Driving in Virginia: Is It Legal? Vaping and driving don’t have the same law around it in Virginia as some other things people do when driving. However, knowing the rules can help you stay out of trouble and avoid dangerous situations.
Virginia does not have a law that says you can not vape and drive but has some legal rules that drivers should be aware of and concerns about being safe and responsible on the road.
Vaping and Distracted Driving Laws in Virginia
Virginia’s laws against distracted driving comprise mainly the use of cell phones and other handheld devices. As of 2020, holding a phone in one’s hand while driving will be illegal in the state.
Distracted driving is illegal; any activity that takes one’s attention or hands off the wheel can cause that to be an illegal distraction. Vaping devices are not covered under this law.
A police officer may determine that vaping rendered you incapable of safe driving. In such a scenario, you may be fined or receive more severe penalties if you accidentally cause an accident or injure another person.
DUI Consequences
A person driving under the influence who smokes something that impairs their ability to think clearly or makes them less mobile, such as nicotine or marijuana, will likely be arrested for DUI.
Virginia law specifically states that it is illegal to operate a vehicle while under the influence of any substance, whether it be drug or alcohol or any other incendiary product that makes a person less alert.
If caught vaping cannabis while driving, a driver would likely have a run-in with the law since possession of cannabis is still only half-legal in Virginia.
Police can conduct a field sobriety test on a driver if they suspect that driver is under the influence of THC or any other substance that alters your thinking.
Safety Risks Related to Vaping and Driving
If you vape a legal substance, for example, nicotine or flavored vape liquids, there are safety risks associated with such an activity as a driver.
Operating and breathing in a vanguard can distract you from the road and remove your hands from the steering wheel which may result in an accident.
When there is an emergency vaping can slow you down, which might have bad results in a rush. If such behavior presents dangers to other individuals on the road, it might be termed reckless.
Possible Sentences and Legal Imprisonment
Since there is no particular law about vaping while driving in Virginia, if it is determined that the accident or traffic is caused by vaping then the driver may be charged and lose some points on his license.
In case the vape has illegal substances within it, the consequence could be serious. For instance, depending on the quantity of the substance, you may even be locked away in jail.
Best Practices for Vaping Drivers
Drivers must avoid vaping while at the wheel of their machines for their safety and to avoid any trouble with the law. It is safer to pull over to a safe place and vape if you have to go for hands off the wheel or take your eyes off the road.
By only vaping when they are stopped, drivers can avoid the dangers of being distracted and help make the roads safer for everyone.
