Vaping while driving is not technically illegal in Illinois, but there are laws and things to think about that could lead to legal trouble based on the situation.
Vaping while driving is not illegal in and of itself, but if it makes you less able to drive safely or causes you to be sidetracked while driving, you could be fined. Let us look at the Illinois laws about vaping and driving to see what the possible legal effects are.
Distracted Driving Laws in Illinois
In Illinois, it is illegal to do many things while driving while being sidetracked. The state’s law against distracted driving makes it illegal for drivers to do anything that makes it harder for them to safely run the vehicle.
Even though vaping is not mentioned as a distraction, it might be considered one if it keeps you from paying attention to the road.
It is against the law in Illinois to use hand-held electronics like cell phones or texting while driving.
Using a vaping device while driving could be dangerous if the act of vaping takes your attention away from the road. Vaping devices are not computer communication devices.
A police officer could give a driver a ticket for distracted driving if they see them fumbling with a vape pen, taking their hands off the wheel, or being otherwise sidetracked by their vaping device.
In Illinois, the fine for driving while distracted can start at $75 for a first charge and go up for each subsequent violation. In the worst situations or if the behavior causes an accident, driving while distracted could also lead to losing your license.
Reckless Driving and Impaired Judgment
Illinois has rules against distracted driving, and vaping while driving could also get you charged with reckless driving, especially if it makes you drive unsafely.
When someone drives a car without caring about other people’s safety, that is called reckless driving. If a vaping driver swerves, drives strangely, or otherwise acts like they can not make good decisions, they could be charged with reckless driving.
Vaping might not seem dangerous, but the vapor cloud it makes could make it hard for you to see, especially in small places. This could get you in trouble with the law if a police officer sees it and decides that it blocked your view or ability to see the road clearly.
In Illinois, the penalties for careless driving are harsh. You could face fines of up to $2,500, up to one year in jail, or even the loss of your driver’s license.
Legal Considerations for Vaping Substances
What you are vaping is another important thing to think about. In Illinois, you have to be 21 years old to legally buy and use vaping goods, even ones with nicotine in them. If you are younger than 18 and are found vaping while driving, you could be fined and punished for breaking the law.
You could face even worse effects if your vape has THC in it (tetrahydrocannabinol is the psychoactive part of cannabis). Illinois has made cannabis legal for people aged 21 and up, but it is still illegal to drive while high on THC.
If a police officer thinks that smoking THC has made you less alert, you could be charged with Driving Under the Influence (DUI). Illinois has harsh penalties for DUI, ranging from fines and lost licenses to jail time.
CBD (cannabidiol) smoking is not psychoactive, but you could still be pulled over if the drug makes it impossible for you to drive.
Practical Advice for Drivers
It is not against the law in Illinois to vape and drive, but you should think about the risks. Here are some useful tips to keep you out of trouble with the law:
Avoid Vaping in Heavy Traffic: Vaping in places with a lot of traffic could distract people and cause crashes.
Ensure Clear Visibility: If the mist inside your car fills up, it could make it hard for you to see. To vape, either roll down your window or wait until you are stopped.
Keep Your Hands on the Wheel: While you are driving, do not mess with vape pens or their parts. The act of handling these things might be distracting.
Avoid Vaping THC: You should not drive if you are using THC in your vape pen. If you drive while high on cannabis, you could face major charges.
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