If you’re in South Dakota and wondering about the legality of vaping while driving, here’s the breakdown. While there isn’t a law that directly bans vaping in your own vehicle, there are important rules to follow, especially regarding distracted driving. Let’s explore what the law says and how it affects you as a driver in South Dakota.
Is Vaping While Driving Legal?
Vaping while driving in South Dakota is not explicitly illegal. There is no state law that directly bans vaping inside a personal vehicle. However, distracted driving laws still apply.
If vaping causes you to drive unsafely—like taking your hands off the wheel, blocking your vision with vapor, or otherwise losing control of the vehicle—you could face charges for distracted driving.
Distracted Driving Laws in South Dakota
South Dakota enforces distracted driving laws as a secondary offense. This means that if you’re pulled over for another violation (like speeding or running a stop sign), law enforcement can ticket you for distracted driving if they believe vaping is impairing your ability to control the vehicle.
Where Is Vaping Prohibited in South Dakota?
While vaping is allowed in personal vehicles (unless it causes unsafe driving), there are restrictions in other places:
Public Places and Workplaces: Vaping is banned in nearly all enclosed public spaces like bars, restaurants, and casinos. This is considered a petty offense if violated.
State Vehicles and Certain Properties: Vaping is also prohibited in state-owned vehicles and on properties like the Department of Corrections facilities.
Key Takeaways for Drivers
Personal Vehicles: You can vape in your own car as long as it doesn’t cause distractions or unsafe driving.
Distracted Driving: If vaping causes you to lose control, block your view, or distract you from the road, you could face legal consequences under distracted driving laws.
Local Ordinances: Always check local city laws or regulations, as some municipalities may have stricter rules regarding vaping.
Table
| Activity | Legal in South Dakota? | Notes |
|---|---|---|
| Vaping while driving (private car) | Yes, but not if distracted | Can be cited if it causes unsafe driving |
| Vaping in public places | No | Prohibited in most indoor public/work spaces |
| Vaping in state vehicles | No | Prohibited |
Sources:
1. https://www.trustedchoice.com/distracted-driving/south-dakota-laws/
2. https://www.sdnewswatch.org/public-vaping-ban-passed-in-s-d-amid-some-controversy/
3. https://sdaho.org/2019/06/28/vaping-law-effect-july-1st/
