Your Phone Behind The Wheel
ORS 811.507 — not in the hand and not for any purpose, a misdemeanor the third time
While driving on a highway or premises open to the public, including while briefly stopped in traffic, a person may not hold a mobile electronic device or use one for any purpose. Pulled over, pulled off, or in a parking space is not driving.
| Conviction | Offense |
|---|---|
| ConvictionFirst | OffenseClass B traffic violation, or Class A if it contributed to a crash |
| ConvictionSecond within 10 years | OffenseClass A traffic violation |
| ConvictionThird or later within 10 years | OffenseClass B misdemeanor, with a minimum fine of $2,000 |
A first fine can be suspended. For a first conviction, the court may suspend the fine if the person completes an approved distracted driving avoidance course at their own expense within 120 days and proves it.
It is a defense to have been 18 years of age or older using a hands-free accessory, to have been summoning emergency help with no one else in the vehicle able to, or to have been using a medical device. The section as saved is in force until January 1, 2027, when a version already enacted takes over.
Sources for this section (1)
- ORS 811.507 — Operating motor vehicle while using mobile electronic device
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Oregon attorney.