In New Mexico, the legality of vaping while driving is influenced by the state’s broader regulations on vaping and smoking. Here are the key points regarding vaping and driving in New Mexico:
Vaping Regulations
- Vaping Banned Where Smoking is Prohibited: In New Mexico, vaping is prohibited in all areas where smoking is banned, which includes public places, workplaces, and vehicles used for state purposes. This means that if you are driving in a location where smoking is not allowed, you also cannot vape.
- Age Restrictions: The sale and distribution of e-cigarettes or nicotine products are restricted to individuals aged 21 and older. This regulation also implies that individuals under this age cannot legally use these products.
Driving Under the Influence
- Impairment Laws: While there are no specific laws against vaping while driving, it is crucial to note that any form of impairment (including from substances like marijuana) can lead to DUI charges. If a driver is found to be impaired due to any substance, including nicotine or other substances inhaled through vaping, they could face legal consequences.
- Cognitive Effects: Although vaping itself may not impair driving abilities directly, the act of using e-cigarettes can distract drivers, similar to using a mobile phone. This distraction could potentially lead to unsafe driving conditions.
Conclusion
In summary, while there is no explicit law making it illegal to vape and drive in New Mexico, the general regulations surrounding vaping and the potential for distraction or impairment mean that it is advisable to refrain from vaping while operating a vehicle. Always ensure compliance with local laws regarding smoking and vaping in public spaces.
Sources:
- https://www.publichealthlawcenter.org/resources/us-e-cigarette-regulations-50-state-review/nm
- https://www.findlaw.com/state/criminal-laws/vaping-and-e-cigarette-laws-by-state.html
- https://www.genuslawgrp.com/library/marijuana-dangers.cfm