Vaping has become a common activity for many adults in New Mexico, but what happens when you vape while driving? Is it illegal to vape and drive in New Mexico?
This article explains the laws surrounding vaping and driving in New Mexico and whether you could face legal consequences.
Is It Illegal to Vape and Drive in New Mexico?
Currently, there is no specific law in New Mexico that directly prohibits vaping while driving. Unlike alcohol, which has clear laws against consuming it while driving, vaping does not have a similar regulation. However, that doesn’t mean it’s entirely risk-free.
Distracted Driving Concerns
While vaping isn’t banned, it can still lead to distracted driving, which is illegal. If vaping distracts you in any way—for example, taking your hands off the wheel, not focusing on the road, or taking too long to adjust your device—you could be charged with distracted driving.
The Consequences of Distracted Driving
In New Mexico, distracted driving can result in:
- Fines
- Points on your driving record
- Increased insurance premiums
If your vaping causes an accident or near-miss, the consequences could be more serious, including higher fines or criminal charges.
New Mexico’s Vaping Laws
While vaping and driving is not banned, New Mexico has other strict vaping regulations for public health and safety. Here’s an overview of key laws related to vaping:
Vaping and Public Spaces
- E-cigarettes are treated the same as smoking under New Mexico’s law, meaning they are prohibited in public places like government buildings, schools, childcare centers, and most indoor workplaces.
- Vaping is prohibited in schools and school-sponsored activities.
- Retail sales of e-cigarettes are regulated, and sellers are required to verify age before selling these products.
Taxes on Vaping Products
New Mexico imposes a tax on e-cigarette products. E-liquid is taxed at 12.5% of the product’s value, and closed-system e-cigarette cartridges are taxed at 50 cents per cartridge.
Minimum Age for Vaping
The legal age for buying vaping products in New Mexico is 21, in line with federal regulations. It is illegal for minors to purchase, possess, or use e-cigarettes. Retailers are required to check IDs to ensure customers are of legal age.
Should You Vape While Driving?
While vaping and driving isn’t illegal on its own, it’s important to be cautious. If vaping distracts you from paying attention to the road or operating the vehicle safely, you could face consequences for distracted driving.
If you want to avoid potential legal trouble, it’s best to:
- Avoid distractions: Try to vape when your car is stationary, not while driving.
- Ensure focus on the road: Make sure your hands stay on the wheel, and your eyes are on the road while driving.
In New Mexico, vaping and driving is not specifically illegal, but it could lead to charges for distracted driving if it affects your ability to drive safely.
As with any activity that takes your attention away from the road, it’s important to ensure that vaping does not cause unsafe driving behavior.
Stay informed about local regulations and be mindful of public health laws regarding vaping to avoid unnecessary risks and penalties.
