Vaping while driving in Alabama is not illegal for adults alone, absent distraction or impairment. However, a specific statute bans vaping in vehicles with children 14 or younger present, regardless of motion or windows. Distracted driving laws under Ala. Code § 32-5A-350 apply if vaping impedes safe operation, treating it like phone use.
Statewide Vaping Restrictions
Alabama Code § 32-5A-331 prohibits smoking or vaping in enclosed vehicles with minors under 14, effective since August 2023. This secondary offense triggers only after another stop, with fines up to $100 per violation. No general ban exists for solo adult drivers, unlike some states’ handheld prohibitions.
Distracted Driving Laws
Vaping qualifies as a potential distraction under Alabama’s broad statute if it causes lane drifting, failure to signal, or delayed reactions. Officers cite under reckless driving (Ala. Code § 32-5A-190) if vapor clouds vision or handling diverts attention. Evidence like dashcam footage supports defenses showing minimal impairment.
Child Passenger Protections
The minor-focused law applies statewide, stationary or moving vehicles, closed or cracked windows. Enforcement prioritizes child welfare, with police issuing tickets post-traffic stops like speeding. Parents face citations; no arrests typically occur for first offenses.
Penalties and Enforcement
Child vaping violations carry $100 maximum fines as civil infractions, uninsurable unlike DUIs. Distracted or reckless charges escalate: misdemeanors up to $500 fines, 90 days jail. Repeat violations accumulate points toward license suspension.
Safe Driving Tips
Pull over safely before vaping; use hands-free if needed. With kids aboard, abstain entirely to comply. Indoor vaping bans expand via pending SB9 (effective October 2026), but vehicles exempt absent minors.
SOURCES:
- https://www.mobilepd.org/alabamas-no-smoking-law-or-vaping-with-kids-under-14-in-the-car/
- https://mynbc15.com/newsletter-daily/new-law-alert-no-smoking-or-vaping-with-kids-under-14-in-the-car
