As a resident or visitor to the islands of Hawaii, you likely know that driving with a vaporizer or any other electronic nicotine delivery system (ENDS) can be a troublesome issue. While most people think that vaping is safer than smoking tobacco, driving under the influence of vapes can lead to harsh consequences. Here, we’ll take a closer look at the laws regarding vaping while driving in Hawaii.
From beaches to rainforests, volcanic landscapes to historic landmarks, Hawaii is a haven for tourists and locals alike. However, if you’re caught vaping and driving, you might find yourself facing penalties and a tarnished reputation. Before getting behind the wheel, it’s essential to understand the state’s stance on vaping while driving. In this article, we’ll discuss the current regulations surrounding this practice and provide you with information on how to avoid any potential issues.
What Does Hawaii Law Say About Vaping While Driving?
According to the Hawaii Revised Statutes Section 281-81, using a motor vehicle while under the influence of a ‘motor vehicle impairing substance’ is illegal. Under the law, ‘motor vehicle impairing substance’ is defined as any drug or substance that affects the nervous system, brain, or muscles, making it difficult to safely operate a vehicle.
While traditional cigarette smoke is still a widely recognized impairment, the same reasoning applies to vapes and other electronic nicotine delivery systems (ENDS). If you engage in vaping while driving, you might be considered under the influence and could face the same penalties as an intoxicated motorist.
Penalties for Vaping and Driving in Hawaii
According to the Hawaii State Judiciary, penalties for driving under the influence of any substance, including ENDS, can include fines and imprisonment. If convicted, you could face a fine of up to $1,000 and a jail sentence of up to 30 days for a first-time offense. Repeat offenders may be subject to harsher penalties, including license suspension or revocation.
Aside from criminal penalties, you also risk higher auto insurance rates and a damaged driving record. Fines, license suspension, and increased insurance costs can add up quickly, making driving under the influence a costly mistake.
What Counts as Vaping While Driving?
While most people understand the risks of driving while under the influence, less clear is what constitutes as vaping while driving. In Hawaii, vaping in a vehicle is considered driving under the influence if you’re inhaling or exhaling the contents of a vaporizer in your vehicle, regardless of whether you’re sitting in traffic or driving on the road.
As an example, if you’re vaping behind the wheel or exhaling the vapor while stopped at an intersection or red light, this could be considered driving under the influence.
