E-cigarettes have become increasingly popular, especially among college students, with their use rising from 4.9% in 2015 to 12.6% in 2019. While the federal government has set the legal age for purchasing e-cigarettes at 21, many adults, particularly drivers, often underestimate the risks of e-cigarette use behind the wheel. Here’s an overview of Wisconsin’s laws surrounding e-cigarettes and driving, including potential consequences for impaired driving.

E-Cigarette Legality in Wisconsin

In Wisconsin, e-cigarettes are legal, but there are some restrictions:

• Sales Restrictions: It is illegal to sell e-cigarettes to anyone under 18 years old.
• Public Use: E-cigarette use is prohibited in certain public spaces, including indoor areas and parks.

Smoking While Driving in Wisconsin

While Wisconsin does not have specific laws banning smoking while driving, distractions caused by smoking can still lead to legal consequences. If smoking or using an e-cigarette causes distractions that impair your ability to drive safely, you could be ticketed for distracted driving or even charged with Operating While Intoxicated (OWI). Additionally, if there are minors in the car, smoking can lead to fines due to the harmful effects of secondhand smoke.

E-Cigarettes and Impairment

Some e-cigarettes contain substances that can significantly impair driving ability:

• THC (tetrahydrocannabinol): The psychoactive component of cannabis, found in certain e-cigarettes, can dramatically affect your reaction time, decision-making, and coordination, making it unsafe to drive.
• Synthetic Cannabinoids: These substances can also impair motor skills and judgment, making them a danger when driving.
• Nicotine: High levels of nicotine in e-cigarettes can cause dizziness and reduced attention span, further impairing your driving.

While Wisconsin allows hemp-based CBD products (as long as they contain no more than 0.3% THC), the use of THC or synthetic cannabinoids in e-cigarettes is illegal. If you are caught driving with e-cigarettes that contain these substances, you could face drug charges.

Police Encounters and E-Cigarettes

Generally, if your e-cigarette does not contain any substances that impair your driving, law enforcement cannot stop or detain you just for owning or using an e-cigarette. However, if a police officer suspects you are impaired while driving, they may investigate further. If they suspect illegal activity, such as drug use or driving under the influence, they may conduct additional testing.

Search and Seizure

Under normal circumstances, police need a warrant to search or seize property, including e-cigarettes. However, if the officer suspects that the e-cigarette contains illegal substances (like THC or synthetic cannabinoids), they may seize it without a warrant. During a legal traffic stop, if the officer suspects that you are impaired by substances, they may check for further signs of impairment, including testing for drugs or alcohol.

On-the-Spot Testing

Currently, Wisconsin law enforcement does not have the ability to quickly test for substances like THC or synthetic cannabinoids in the same way they can test for alcohol with a breathalyzer. If an officer believes you are under the influence of drugs, they can request a chemical test such as a blood or urine test. These tests are typically conducted at a hospital or police station. Refusing to take a chemical test can lead to serious consequences, including license suspension and other penalties.

Practical Advice

To avoid legal trouble and stay safe on the road:

• Do not consume substances that can impair your driving, including nicotine, THC, or synthetic cannabinoids, especially while behind the wheel.
• Be mindful of distractions, such as smoking or using e-cigarettes, which could lead to unsafe driving and legal consequences.
• Refuse the temptation to drive under the influence of any substance, as it can endanger not only your safety but also the safety of others on the road.

By following these guidelines and understanding the rules, you can help ensure that you are always driving legally and safely in Wisconsin.