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Is it illegal to smoke while driving in California?
I will be going to California for vacation soon and wanted to know if you can smoke cigarettes or marijuana in a car. Is it illegal to smoke while driving in California?
Tiffany Leung · Updated on
Reviewed by Shannon Martin, Licensed Insurance Agent.
Enjoy the sunshine and warm weather!
It is not illegal to smoke while driving in California—so long as you’re smoking cigarettes. However, smoking marijuana while driving is illegal.
Below are the details of the penalties if you are caught:
- Cigarette smoking: Smoking a cigarette while you are driving isn’t illegal but it can be grounds to charge you for other violations, such as distracted driving. You can also get a littering ticket if you throw your cigarette butt out the window.
- Minors in vehicle: Note that it is illegal to smoke while the car is parked if a minor is also in the car. If you are caught breaking this law, you could be fined up to $100.
- Marijuana smoking: Under the current state laws, it is illegal to drive under the influence of any drug, which includes marijuana. If you are caught, you will get convicted of adrug-related DUI, which is a misdemeanor.
If caught smoking marijuana and driving, the first offense could have penalties of up to six months’ jail time, a fine up to $1,000, three or nine months of DUI school, and a six- to 10-month license suspension. Repeat offenses carry more severe penalties, especially if the offense causes injury to others.
To avoid any unnecessary tickets, it may be better to refrain from smoking anything while driving in California.
With any traffic tickets, your car insurance premiums will likely go up significantly. It could be difficult to find
cheap car insurance
if you have marks on your driving record, but using the Jerry
app can make a big difference.Not only does Jerry have access to competitive quotes from more than 50 top insurers, but you can also choose a policy and price that works for you and sign up for new insurance straight through the app. Jerry users save an average of $887 a year.
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- Gregory R.
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