Smoking in Your Car with a Minor Present

Why There Are Laws Against This Habit

In recent years, several states across the United States have implemented laws prohibiting smoking in vehicles when a child is present, reflecting growing awareness of the dangers associated with secondhand smoke exposure in confined spaces.

Here is what you should know.

Secondhand smoke, the combination of smoke exhaled by a smoker and the smoke emitted from the burning end of a cigarette, cigar, or pipe, contains more than 7,000 chemicals, hundreds of which are toxic and about 70 of which can cause cancer.

When smoking occurs inside a car, the concentration of these harmful substances becomes exceptionally high due to the enclosed environment, making it extremely hazardous for any occupants, particularly minors.

Children are especially vulnerable to the effects of secondhand smoke because their bodies are still developing.

Implications for the DMV Test

States that have laws against smoking in the car when a minor is present may ask you about it on the DMV exam. Make sure you know the laws in your state.

The Health Risks

Exposure to secondhand smoke can cause a range of serious health issues in minors, including:

• Sudden Infant Death Syndrome (SIDS): Laws or no laws, be especially careful when you transport infants. When exposed to secondhand smoke, they have a higher risk of SIDS, a sudden and unexplained death of an otherwise healthy baby.
• Reduced Lung Function: Ongoing exposure can impair lung growth and function, leading to long-term respiratory problems.
• Respiratory Infections: Children exposed to secondhand smoke are at an increased risk of developing bronchitis, pneumonia, and other respiratory infections.
• Asthma: Secondhand smoke can trigger asthma attacks and exacerbate symptoms in children who already suffer from the condition.
• Ear Infections: The irritants in tobacco smoke can lead to more frequent and severe middle ear infections in children.

Several studies found smoking just one cigarette in a vehicle with the windows closed can cause exposure that exceeds the levels of harmful particles found in smoky bars and restaurants.

Open car windows or vents can reduce, but not eliminate, the risks. Laws against smoking in a car with a minor present usually apply whether the windows are closed or open.

For more information about the health risks see this pediatrics study.

Ethical Concerns

Beyond the health implications, smoking in a car with a minor raises significant ethical questions.

Adults have a moral responsibility to protect the well-being of children in their care. By smoking in a confined space like a car, adults not only expose minors to harmful substances but also set a poor example regarding smoking behavior. Such a poor example can increase the likelihood that these children will take up smoking themselves when they get older.

Laws prohibiting smoking in vehicles when children are present may potentially change this social norm.

Legislative Action: Protecting Children Across States

Several states have enacted laws to protect minors from secondhand smoke exposure in vehicles. These laws vary in scope and enforcement, but they all share the common goal of safeguarding children’s health.

States with Restrictions in Private Vehicles

Eleven states, Guam, the Northern Mariana Islands, and Puerto Rico, have passed laws prohibiting smoking in personal vehicles when children or adolescents are present. These laws aim to reduce children’s exposure to secondhand smoke in cars.

• Alabama: the law applies to children aged 14 years and younger. Fines are up to $100.
• Arkansas: the law applies to children aged 14 years and younger. The fine is $25, which may be waived for the first offense if the offender enrolls in a smoking cessation program.
• California: the law applies to everyone who is 18 or younger. A violation is punishable by a fine of up to $100. Read more about the special laws in California that may appear on the DMV test.
• Delaware: the law applies to children aged 16 years and younger.
• Illinois: the law applies to everyone who is 18 or younger. A first violation is a petty offense with fines not to exceed $100. A subsequent offense involves a fine that is not to exceed $250.
• Louisiana: the law applies to children aged 13 years and younger. A violation is punishable by a fine of $150 or, at the discretion of the judge, no less than twenty-four hours of community service.
• Maine: the law applies to everyone who is 18 or younger. The penalty is a fine of $50
• Oregon: the law applies to everyone who is 18 or younger. The fine is up to $250 for the first offense and up to $500 for second or subsequent offenses.
• Utah: the law applies to children aged 15 years and younger. An infraction of this law carries a maximum fine of $45. The court may suspend the fine for a first-time offender who proves that they have enrolled in a smoking cessation program.
• Vermont: the law applies to children aged 8 years and younger. You can be fined up to $100.
• Virginia: the law applies to children aged 15 years and younger. A violation is punishable by a civil penalty of $100.

Guam law applies to children 17 years and younger, and the laws of the Northern Mariana Islands and Puerto Rico apply to people 18 years and younger.

Restrictions in Workplace Vehicles

• Home-based or commercial childcare vehicles: Arkansas, California, Colorado, Delaware, Louisiana, Maine, Maryland, Oregon, Pennsylvania, Rhode Island, Utah, Vermont, Virginia, and the District of Columbia prohibit smoking in vehicles used to transport children while in the care of home-based or commercial childcare facilities. In Maine, the laws prohibit you from smoking in vehicles used to transport children for at least 12 hours before children are scheduled to be in the vehicle.
• Private employer-owned vehicles: Arizona, Iowa, Louisiana, Minnesota, New York, Ohio, Oregon, Rhode Island, and the District of Columbia prohibit smoking in private employer-owned vehicles altogether.
• Government-owned vehicles: In addition, 19 states and the District of Columbia prohibit smoking in government-owned vehicles.

Remember This

The dangers of smoking in a car with a minor are clear and well-documented.

The toxic environment created by secondhand smoke in a confined space poses severe health risks to children, from respiratory issues to long-term developmental problems.

You should never smoke in your car when a child is present.

It doesn’t matter if your car is in motion or stationary.

And it doesn’t matter if you roll down a window. You will still expose the child to secondhand smoke.

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Note: We updated the list of states with restrictions in January, 2025. It may change, so always refer to your state’s driver’s manual or vehicle laws.