No, it is not explicitly illegal to vape and drive in Wisconsin. As of 2025, Wisconsin does not have a law that outright prohibits an adult from vaping in their own car while driving, whether alone or with other adults. However, you can still face legal consequences if vaping distracts you or causes unsafe driving.
No Direct Statewide Ban
Wisconsin’s Clean Indoor Air Act restricts smoking and vaping in enclosed public places and workplaces, but it does not extend to private vehicles. This means there is no specific statewide law prohibiting vaping while driving for adults 21 and older, whether alone or with other adults.
That said, the absence of a specific ban does not mean drivers are completely in the clear. If vaping interferes with your ability to drive safely, other legal provisions—particularly those dealing with inattentive or reckless driving—can still apply.
Inattentive Driving Law Can Apply
Wisconsin law requires drivers to keep their full attention on the road. The statute broadly prohibits engaging in any activity that distracts from safe driving. Smoking or vaping isn’t explicitly listed, but it can fall under this rule if it causes distraction.
Examples of vaping-related distractions that can lead to citations:
A violation of Wisconsin’s inattentive driving law can mean a fine up to $200 and 4 points on your license. For probationary or intermediate license holders, penalties may also delay the ability to get a full license.
Reckless Driving Charges Are Possible
If vaping results in driving behavior that endangers others—such as swerving into another lane or causing a crash—you may face reckless driving charges. Wisconsin defines reckless driving as operating a vehicle with a willful disregard for others’ safety. It’s a misdemeanor offense, punishable by heavy fines and up to six months in jail.
Cannabis Vaping While Driving Is Illegal
Unlike tobacco vaping, vaping cannabis while driving is strictly prohibited under Wisconsin’s OWI (Operating While Intoxicated) laws. Unlike some neighboring states, Wisconsin has not legalized recreational marijuana, and outside of very limited medical use, it is illegal to smoke or vape cannabis in any form while driving.
Wisconsin enforces a zero-tolerance rule for THC. Any detectable amount of delta-9 THC in your blood while driving can lead to an OWI charge, regardless of visible impairment. Penalties for a first offense may include fines of up to $1,000, license suspension for 6–9 months, and possible jail time.
SOURCES:
- https://www.luckeevape.com/is-it-illegal-to-vape-or-smoke-while-driving-in-wisconsin.html
- https://www.dhs.wisconsin.gov/tobacco/tobacco21.htm
