Is It Illegal to Vape and Drive in New Hampshire ? Here’s What the Law Says

Published On: August 21, 2025

Is It Illegal to Vape and Drive in New Hampshire ? Here's What the Law Says

With the rising popularity of e-cigarettes, many residents of New Hampshire wonder about the legality of vaping while driving. As of 2025, New Hampshire does not have a specific law banning vaping while driving for adults aged 21 and over. However, vaping behind the wheel can still have important legal implications, especially if it interferes with safe driving.

Vaping and Distracted Driving Laws

While vaping itself isn’t expressly prohibited while driving, it can be considered a form of distracted driving if the activity impairs the driver’s ability to operate the vehicle safely. New Hampshire law broadly defines distracted driving as any behavior that diverts the driver’s attention from the road.

Actions like picking up a vape device, adjusting it, or handling vape-related materials could lead to citations if they cause unsafe driving conditions. For example, if vapor clouds obstruct the driver’s vision or cause careless driving, penalties can apply under existing distracted or reckless driving statutes.

Hands-Free Law and Vape Devices

New Hampshire enforces a hands-free law prohibiting the use of handheld electronic devices for communication while driving, such as texting or calling. However, vape devices are not classified as communication devices under this law and therefore are not explicitly restricted by the hands-free rule. Nevertheless, this does not exempt vaping from distracted driving enforcement if it interferes with driver attention or vehicle control.

Age Restrictions on Vaping

The minimum age to purchase or use vaping products in New Hampshire is 21, following federal regulations. It is illegal for anyone under 21 to possess or use e-cigarettes, including while driving or riding in vehicles. Enforcement is strict for underage vaping, and violations can result in fines and penalties.

Vaping in Vehicles with Minors

A bill introduced in 2024 (HB 1244) sought to ban smoking and vaping in vehicles when passengers under 16 are present. However, this bill was not passed and is not in effect. Currently, there is no specific statewide law prohibiting adults from vaping in cars with minors in New Hampshire, although public health officials advise against exposing children to vape aerosol due to potential health risks.

Potential Legal Consequences

Even without a specific vaping ban while driving, drivers should be cautious:

Caught vaping in a way that distracts driving could lead to distracted driving tickets.

Reckless or careless driving due to vaping could result in harsher penalties.

Drivers could face legal trouble if vaping contributes to an accident or unsafe conditions.

Stay Safe and Informed

In summary, vaping while driving in New Hampshire by adults 21+ is not specifically illegal, but drivers may still face consequences under distracted or careless driving laws if vaping impairs control or focus. Persons under 21 are prohibited from vaping anywhere, including in vehicles. While no law restricts vaping in cars with children present, public health guidelines discourage this practice.

To avoid legal issues and ensure safety, New Hampshire residents are advised to only vape when the vehicle is stationary and never let vaping divert attention from the road. Understanding these nuances helps drivers exercise their rights responsibly while prioritizing road safety.