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

Published On: August 22, 2025

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

As vaping continues to gain popularity, many residents and visitors in Hawaii wonder about the legality of vaping while driving. With the state’s strict public health regulations and strong focus on road safety, understanding the legal nuances of vaping behind the wheel is crucial in 2025.

No Explicit Statewide Ban on Vaping While Driving Alone

As of 2025, Hawaii does not have a specific law that outright bans vaping or smoking tobacco products while driving alone or with other adults. Unlike many states that focus heavily on mobile phone usage or distracted driving, the use of e-cigarettes, vape pens, or cigarettes while driving is not independently classified as a traffic violation in Hawaii.

However, this does not mean vaping while driving is risk-free or encouraged. The laws regulate behaviors that distract a driver, so if vaping leads to unsafe driving—like swerving, failing to maintain lanes, or other erratic driving—a police officer can cite the driver for inattentive or distracted driving, which may carry fines and penalties.

The Distracted Driving Laws that Apply to Vaping

Hawaii’s distracted driving statutes emphasize maintaining full attention on the road at all times. Activities like lighting a vape, searching for devices, or vaping in ways that divert manual, visual, or cognitive attention can be cited under:

Manual distraction: Taking hands off the wheel.

Visual distraction: Looking away from the road.

Cognitive distraction: Mind focused on vaping rather than driving.

Citations for distracted driving carry fines starting around $250-$300 for a first offense, escalating with subsequent violations, especially in school or construction zones.

Strict Ban When Minors Are in the Vehicle

A critical exception in Hawaii is that it is illegal to vape or smoke any tobacco or electronic smoking device in a vehicle when a minor (under 18 years) is present. This rule protects children from harmful secondhand smoke and aerosols. Violations trigger county-level fines, which can range from $100 for the first offense to $500 for repeated infractions within one year.

Vaping or Smoking Cannabis While Driving: Zero Tolerance

Hawaii strictly prohibits vaping or smoking cannabis while driving or even as a passenger in an active vehicle. This behavior falls under the state’s Operating a Vehicle Under the Influence of an Intoxicant (OVUII) laws, with severe penalties including arrest, license suspension, hefty fines, and possible jail time.

Public Vaping Restrictions That May Affect Drivers

Though vaping in private vehicles with adults is generally legal, vaping is banned in many public places including:

Restaurants, bars, offices

Public parks, beaches, and trails

Indoor workplaces and government buildings

These laws also influence when and where vaping can occur on the road or during stops, so knowing the specific municipal restrictions is essential.

Vaping While Driving in Hawaii—Legal but Risky

Hawaii does not explicitly ban vaping while driving if only legal adults are present, but drivers should exercise extreme caution. The risks of distracted driving laws are real, and authorities can issue citations if vaping interferes with safe driving.

Vaping or smoking with minors in the car, or using cannabis in a vehicle, is strictly illegal with significant consequences. The safest course of action is always to avoid vaping while driving and wait until safely parked or at your destination.

Keeping focused on the road and aware of local laws will help you stay safe and compliant in Hawaii’s evolving regulatory environment.