In Alabama, the act of vaping while driving is not outright illegal for most adults. There is no statewide law that specifically bans vaping in a vehicle if you are driving alone or with passengers over the age of 14. However, this does not mean drivers are free from all restrictions—especially when minors are present.
Protecting Children: The 2023 Law
A significant change came into effect on August 1, 2023, making it illegal to smoke or vape in any enclosed vehicle if a child aged 14 or younger is present. This law applies whether the car is in motion or parked, and regardless of whether the windows are open or closed. The purpose of this legislation is to protect children from the dangers of secondhand smoke and vapor, which can have serious health consequences for young passengers.
Enforcement and Penalties
Importantly, this rule is classified as a secondary offense. Police officers cannot pull you over solely for vaping with a child under 14 in the car. Instead, you must first be stopped for another traffic violation, such as speeding or running a red light. If you are then found to be vaping with a minor present, you can be issued a citation and fined up to $100 per violation.
Adult Drivers and Distracted Driving
For adults, vaping while driving is not specifically prohibited by Alabama state law unless it leads to distracted driving. If vaping interferes with your ability to operate the vehicle safely—such as causing you to take your eyes off the road or your hands off the wheel—you could be cited under Alabama’s distracted driving laws. It’s also worth noting that some cities and counties in Alabama may have their own ordinances that further restrict vaping in public spaces or vehicles.
Recent Changes in Vaping Laws
Alabama’s broader approach to vaping has tightened in recent years, particularly with the passage of House Bill 8 (HB8) in 2025. While this law focuses on restricting the sale and marketing of vaping products—raising the legal age for purchase and possession to 21 and limiting sales near schools—it does not create a statewide ban on vaping while driving for adults.
To sum up, vaping and driving in Alabama is not illegal for adults unless it becomes a distraction or you are violating a local ordinance. However, vaping in a vehicle with a child aged 14 or younger is against the law and can result in a fine if you are stopped for another traffic violation. Drivers should stay informed of both state and local regulations to avoid penalties and help protect the health of young passengers.
Sources
[1] https://www.alabamapublichealth.gov/blog/2023/08/nr-07.html
[2] https://prattvilleal.gov/act-2023-93-unlawful-to-smoke-tobacco-product-or-vape-in-enclosed-motor-vehicle-when-child-under-14-present/
[3] https://www.mobilepd.org/alabamas-no-smoking-law-or-vaping-with-kids-under-14-in-the-car/
[4] https://ecigator.com/business/vaping-laws-in-alabama/
[5] https://www.gulfcoastmedia.com/stories/alabamas-new-vape-laws-are-now-in-effect-heres-what-to-know,268951
