Oregon Distracted Driving Avoidance Course (DDAC) — Frequently Asked Questions

Oregon’s distracted driving law is ORS 811.507, titled “Operating motor vehicle while using mobile electronic device.” It makes it illegal to hold or use a mobile electronic device for any purpose while driving. The law was enacted through House Bill 2597 in 2017 and took effect on October 1, 2017. It replaced Oregon’s earlier, narrower cell phone law with a much broader prohibition covering all mobile electronic devices and all uses — not just talking or texting.

Source: ORS 811.507; HB 2597 (2017), effective October 1, 2017

A “mobile electronic device” is defined as any electronic device that is not permanently installed in the vehicle. This includes:

• Cell phones (smartphones)
• Tablets (iPads, etc.)
• Portable GPS devices
• Laptops
• Any other portable electronic device

The key distinction is “not permanently installed.” A built-in vehicle infotainment system or a permanently mounted GPS unit that is part of the vehicle is not a mobile electronic device under this law. However, your phone mounted in a cradle is still considered a mobile electronic device — it’s your phone, not part of the vehicle.

Source: ORS 811.507(1)(c) (“Mobile electronic device” means an electronic device that is not permanently installed in a motor vehicle.)

The law prohibits two things while driving:

1. Holding a mobile electronic device, OR
2. Using a mobile electronic device for any purpose

This is extremely broad. It’s not limited to talking or texting — it covers checking email, looking at maps, scrolling social media, watching videos, taking photos, or any other use. Even holding the device without actively using it is a violation.

Source: ORS 811.507(2) (a person commits the offense if the person holds or uses a mobile electronic device while driving)

Yes — this is one of the most important things to understand about this law. Under ORS 811.507, “driving” means operating a motor vehicle on a highway or premises open to the public, including when the vehicle is temporarily stationary because of traffic, a traffic control device (like a red light), or other momentary delays.

This means you cannot pick up your phone at a red light, in stop-and-go traffic, or while waiting for a train to pass. You are still “driving” under this law.

Source: ORS 811.507(1)(a) (“Driving” means operating a motor vehicle on a highway or premises open to the public, including while the motor vehicle is temporarily stationary because of traffic, a traffic control device or other momentary delays.)

The law specifically excludes three situations from the definition of “driving”:

1. Lawfully parked — You’ve pulled over and stopped safely on the side of the road.
2. In a designated parking space — You’re in a parking lot or other designated spot.
3. Stopped for construction/utility work — If you’re a construction or utility worker and your job requires you to park on the roadway.

The bottom line: if you need to use your phone, pull over completely and park safely first. Simply stopping at a red light or in traffic does not count.

Source: ORS 811.507(1)(a) (“Driving” does not include operating a motor vehicle with or without the motor running when the person has lawfully pulled the vehicle over to the side of or off of the highway and has stopped in a location where the vehicle can safely remain stationary.)

The current law (ORS 811.507) took effect on October 1, 2017, through House Bill 2597. The penalty escalation provisions — which track prior convictions for enhanced penalties on second and third offenses — began applying from July 1, 2018, per the HB 4116 (2018) amendment.

Source: HB 2597 (2017), effective October 1, 2017; HB 4116 (2018), prior conviction tracking from July 1, 2018

For a first offense that does not contribute to a crash, distracted driving is a Class B traffic violation with a maximum fine of approximately $1,000.

If your first offense contributes to a crash, it is elevated to a Class A traffic violation with a maximum fine of approximately $2,000.

Source: ORS 811.507(5)(a) (first conviction not contributing to crash = Class B traffic violation); ORS 811.507(5)(b) (first conviction contributing to crash = Class A traffic violation)

A second conviction within 10 years is a Class A traffic violation regardless of whether a crash occurred. The maximum fine is approximately $2,000.

Source: ORS 811.507(5)(c) (second conviction within 10 years = Class A traffic violation)

This is where the penalties become extremely serious. A third or subsequent conviction within 10 years is a Class B misdemeanor — which is a criminal offense, not just a traffic violation. Penalties include:

• A minimum fine of $2,000
• Up to 6 months in jail
• A permanent criminal record

This escalation from a traffic violation to a criminal misdemeanor is one of the harshest distracted driving penalty structures in the country.

Source: ORS 811.507(5)(d) (third or subsequent conviction within 10 years = Class B misdemeanor, minimum fine $2,000)

Oregon uses a 10-year window to count prior convictions for distracted driving. The court looks back 10 years from the date of your current offense to determine whether you have prior convictions under ORS 811.507. Prior convictions from before July 1, 2018 are not counted toward the escalating penalty structure.

This means a single prior conviction from 9 years ago still counts as your “first,” making a new offense your “second” with Class A penalties.

Source: ORS 811.507(5)(c) and (d) (10-year lookback for second and third+ offenses); HB 4116 (2018) (prior conviction tracking from July 1, 2018)

Here’s a summary of the penalty levels:

The critical takeaway: a third offense crosses the line from a traffic infraction into criminal territory.

Source: ORS 811.507(5)(a)–(d)

Yes — but only for a first conviction. Oregon law allows the court to suspend your fine if you complete an ODOT-approved Distracted Driving Avoidance Course (DDAC) within 120 days of your conviction and provide proof of completion to the court. The court then enters a sentence of discharge with no fine.

Important: This is a fine suspension, not a ticket dismissal. The violation still goes on your driving record even if the fine is suspended. Only the monetary penalty is waived.

Source: ORS 811.507(8)(a) (court may suspend fine for first conviction if person completes ODOT-approved DDAC within 120 days and provides proof)

No. The fine suspension option is available only for a first conviction under ORS 811.507. If you have a prior conviction within the past 10 years, you are not eligible for fine suspension — you will face the full penalties for a second or subsequent offense.

Source: ORS 811.507(8)(a) (fine suspension available “for a first conviction” only)

You must complete an ODOT-approved Distracted Driving Avoidance Course within 120 days of your conviction date and provide proof of completion to the court within that same timeframe. Don’t wait until the last minute — enroll in DDI’s ODOT-approved course today and get it done early.

Source: ORS 811.507(8)(a) (120-day completion window)

If you don’t complete the course within the 120-day window, the court may either:

1. Grant an extension — if you show good cause for the delay, the court may give you additional time.
2. Impose the original fine — if you have no good cause, the court will impose the fine that was suspended.

It’s best not to test this — complete the course well before the deadline to avoid any risk.

Source: ORS 811.507(8)(b) (court grants extension for good cause or imposes fine)

Yes. This is a critical point that many people misunderstand. Even if the court suspends your fine after you complete the DDAC, the violation itself still appears on your driving record. The fine suspension only eliminates the monetary penalty — it does not erase the conviction. This can still affect your insurance rates and counts as a prior conviction if you receive a future distracted driving citation.

Source: ORS 811.507(8) (fine suspension provisions do not address removal from driving record; the conviction remains); ODOT Distracted Driving page (confirms violation still recorded on driving record)

After completing an ODOT-approved DDAC, you will receive a completion certificate that includes the provider’s name and address, your name, the date of completion, and a statement of successful completion. You must submit this certificate to the court that handled your citation within the 120-day window. Check with your specific court for their preferred submission method (in person, by mail, electronically, etc.).

Source: OAR 737-020-0030(4) (completion certificate requirements: provider name/address, participant name, completion date, statement of successful completion)

Only if you are 18 or older. Drivers age 18 and over may use a hands-free accessory as an affirmative defense. A “hands-free accessory” is defined as an attachment, add-on, built-in feature, or addition to a mobile electronic device that, when used, allows the driver to maintain both hands on the steering wheel. It also includes use that requires only a single swipe or tap of a finger to activate, deactivate, or initiate a function.

Drivers under 18 cannot use the hands-free defense at all — they must not use a mobile electronic device while driving, period.

Source: ORS 811.507(1)(b) (“Hands-free accessory” definition); ORS 811.507(4)(b) (affirmative defense for person 18+ using hands-free accessory)

Under Oregon law, a hands-free accessory is any attachment, add-on, built-in feature, or addition to a mobile electronic device that allows the driver to keep both hands on the steering wheel. This includes:

• Bluetooth earpieces or headsets
• Bluetooth vehicle integration (connecting your phone to your car’s speakers)
• Voice-activated commands (Siri, Google Assistant, etc.)
• Single swipe or tap — a minimal touch to activate or deactivate a function also qualifies

Remember: the hands-free defense is only available to drivers age 18 and over.

Source: ORS 811.507(1)(b) (hands-free accessory definition, including single swipe/tap); ORS 811.507(4)(b) (age 18+ requirement)

Yes. Making an emergency call is an affirmative defense, but only if no other person in the vehicle was capable of making the call. This means if you have a passenger who could have dialed 911, you may not be able to use this defense.

Source: ORS 811.507(4)(a) (affirmative defense for summoning emergency help when no other person in vehicle is capable of calling)

Yes. ORS 811.507 includes several exceptions (which are not affirmative defenses — they completely exempt you from the law):

• Commercial motor vehicle drivers (10,001+ lbs) — governed by separate federal regulations
• Commercial/school bus drivers — governed by separate federal regulations
• Two-way radio operators in specific industries: forestry/logging, school bus, utilities, livestock/wide vehicle transport, and pilot/safety vehicles

Additionally, these people have affirmative defenses:

• Police, firefighters, and EMS workers
• Ambulance/emergency vehicle workers
• Licensed HAM radio operators (age 18+)
• Anyone using a device as a medical device
• Anyone using a two-way radio for emergency purposes

Source: ORS 811.507(3)(a)–(g) (exceptions); ORS 811.507(4)(a)–(g) (affirmative defenses)

No. The hands-free affirmative defense is explicitly limited to drivers who are 18 years of age or older. Drivers under 18 may not use a mobile electronic device while driving under any circumstances — even with a hands-free accessory. The only defense available to them would be an emergency call when no other person in the vehicle is capable of making the call.

Source: ORS 811.507(4)(b) (hands-free defense available only to “a person 18 years of age or older”)

The definition of “hands-free accessory” includes use that “requires only the use of a single swipe or tap of a finger” to activate, deactivate, or initiate a function. However, this is part of the hands-free affirmative defense, which means:

• You must be 18 or older
• It must be a single swipe or tap (not scrolling, typing, or multiple touches)
• It’s an affirmative defense, meaning you’d have to assert it in court — you could still be cited

Source: ORS 811.507(1)(b) (single swipe/tap included in hands-free definition); ORS 811.507(4)(b) (age 18+ hands-free defense)

The Distracted Driving Avoidance Course (DDAC) is a state-mandated educational course established under ORS 811.508 and regulated by OAR Chapter 737, Division 20. It is designed to educate drivers about the dangers of distracted driving and Oregon’s distracted driving law. The course must be approved by the Oregon Department of Transportation’s Transportation Safety Office (ODOT-TSO) and can be offered online or in a classroom.

Completing an approved DDAC is the only way to have your fine suspended on a first-offense distracted driving conviction.

Source: ORS 811.508 (ODOT establishes DDAC standards); OAR 737-020-0010 (purpose — establishes minimum standards); OAR 737-020-0020 (approved course may be online or classroom)

The DDAC requires a minimum of 90 minutes of instruction. This does not include registration time or breaks — it’s 90 minutes of actual course content and instruction. DDI’s ODOT-approved course is exactly 90 minutes and can be completed in a single sitting or over multiple sessions.

Source: OAR 737-020-0020(6) (“Successful Completion” means attending a minimum of 90 minutes of instruction); OAR 737-020-0030(1) (minimum 90 minutes of instruction)

Oregon administrative rules require every approved DDAC to cover nine specific topics:

1. Definition of distracted driving and types of distractions
2. Oregon and national distracted driving statistics
3. Review of ORS 811.507 — Oregon’s distracted driving statute
4. Countermeasures to avoid distracted driving
5. Driver responsibility
6. Defensive driving techniques
7. Other rules of the road for distraction-free driving
8. Physics and natural laws that affect driving (perception and reaction times)
9. How physical, emotional, and psychological conditions affect driving

Source: OAR 737-020-0030(1)(a)–(i) (required curriculum topics)

You must demonstrate at least 80% comprehension to successfully complete the course. This means you need to score 80% or higher on all assignments and assessments included in the course.

Source: OAR 737-020-0020(6) (“Successful Completion” requires completing all assignments with a minimum 80% passing score); OAR 737-020-0030(2) (participant must demonstrate a minimum of 80% comprehension)

Yes. Oregon administrative rules specifically allow approved courses to be offered online or in a classroom. Online courses must meet the same curriculum and time requirements as classroom courses. DDI’s DDAC is 100% online — you can complete it from your phone, tablet, or computer from anywhere.

Source: OAR 737-020-0020(1) (“Approved Course” may be offered online or in a classroom)

The DDAC is overseen by the Oregon Department of Transportation’s Transportation Safety Office (ODOT-TSO). ODOT-TSO is responsible for:

• Establishing minimum curriculum standards
• Approving course providers
• Suspending or revoking provider approvals when necessary
• Maintaining and updating the list of approved providers monthly
• Prescribing procedures for providing the provider list to courts

Source: ORS 811.508 (ODOT authority); OAR 737-020-0010 (purpose — curriculum standards, approval procedures, provider standards); OAR 737-020-0040 (provider applications to ODOT-TSO)

To enroll in a Distracted Driving Avoidance Course:

1. Choose an ODOT-approved provider — only courses from approved providers will qualify for fine suspension.
2. Register and pay — each provider sets their own fees and enrollment process.
3. Complete the course — finish all 90 minutes of instruction and pass with 80% or higher.
4. Get your certificate — the provider will issue a completion certificate.
5. Submit proof to the court — provide your certificate to the court within 120 days of your conviction.

Enroll in DDI’s ODOT-approved DDAC now → — Registration takes just a few minutes.

Source: ORS 811.507(8)(a) (completion and proof requirements); OAR 737-020-0030(4) (certificate issuance); OAR 737-020-0040 (provider approval)

As soon as possible. You have 120 days from your conviction date, but starting early gives you the most flexibility. Don’t wait until day 100 to begin — if something comes up, you’ll have no buffer. With an online course like DDI’s DDAC, you can start immediately after your conviction and complete it in just 90 minutes.

Source: ORS 811.507(8)(a) (120-day window)

The fine suspension provision in ORS 811.507(8) specifies that you must complete the course within 120 days of your conviction. If you’ve already been convicted (pled guilty or no contest, or were found guilty), you can start immediately. If your case is still pending, check with your court about whether completing the course beforehand will count toward fine suspension.

Source: ORS 811.507(8)(a) (fine suspension applies after conviction)

That depends on the provider. DDI’s DDAC works on all devices — phone, tablet, or computer. Our course is fully responsive and designed for mobile access, so you can complete it wherever and whenever it’s convenient.

Source: OAR 737-020-0020(1) (approved courses may be online)

After completing the course, your provider will issue a completion certificate that includes:

• The provider’s name and address
• Your name
• The date of completion
• A statement of successful completion

You must submit this certificate to the court that handled your citation within the 120-day window. Contact the court clerk to confirm their submission process — some accept certificates by mail, in person, or electronically.

Source: OAR 737-020-0030(4)(a)–(d) (completion certificate must include provider name/address, participant name, completion date, statement of successful completion)

ODOT maintains an official list of approved DDAC providers, which is updated monthly. You can check ODOT’s website at oregon.gov/odot/safety/pages/distracted.aspx for the current list. Only courses from approved providers will qualify for fine suspension — do not take a course that is not on ODOT’s approved list.

Source: ORS 811.508 (ODOT maintains approved provider list, updates monthly); OAR 737-020-0040(1) (providers must be approved before offering course)

Key factors to consider when selecting a provider:

• ODOT-TSO approval — This is non-negotiable. Verify the provider is on ODOT’s official approved list.
• Online availability — An online course lets you complete it from anywhere, on your schedule.
• Device compatibility — Make sure the course works on your phone, tablet, or computer.
• Clear pricing — Look for transparent, all-inclusive pricing with no hidden fees.
• Instant certificate — You need a completion certificate for the court; the faster you get it, the better.
• Customer support — Look for a provider that offers real support if you have questions.

Defensive Drivers Institute is an ODOT-approved provider offering a 100% online course for $19.99 — works on all devices, instant certificate, and responsive customer support.

Source: ORS 811.508 (ODOT approval required); OAR 737-020-0050 (provider responsibilities — written policies for fees/refunds, online identity verification)

Yes. ODOT-TSO can suspend or revoke a provider’s approval if they fail to meet standards. If a provider’s approval is revoked, they must reapply and demonstrate that they have remediated the issues before they can offer the course again. This oversight helps ensure course quality and protects students.

Source: OAR 737-020-0010 (establishes approval/suspension/revocation standards); OAR 737-020-0040(5) (revoked providers must reapply and demonstrate remediation)

Oregon administrative rules establish a Code of Ethics for all approved DDAC providers. Providers:

• Cannot help participants fraudulently obtain certification
• Cannot discriminate against participants
• Cannot allow intoxicants during instruction
• Cannot falsify documents

These rules protect you as a student and ensure the integrity of the program.

Source: OAR 737-020-0060 (Code of Ethics requirements for approved providers)

Yes. Regardless of whether your fine is suspended, the distracted driving conviction will appear on your Oregon driving record. The DDAC fine suspension only eliminates the monetary penalty — it does not remove the violation from your record. This is an important distinction between Oregon’s program and some other states where completing a course can get the entire violation dismissed.

Source: ORS 811.507(8) (fine suspension only — no provision for removing the violation from driving record); ODOT Distracted Driving page (confirms violation still recorded on driving record)

Potentially, yes. Because the violation remains on your driving record even if the fine is suspended, your insurance company may be able to see the conviction. Whether your rates increase depends on your insurer’s policies, your driving history, and other factors. Many insurers do consider distracted driving violations when setting rates. Completing the DDAC and having the fine suspended may help demonstrate responsibility, but it does not prevent the violation from being visible on your record.

Source: ORS 811.507(8) (fine suspension does not address driving record); ODOT Distracted Driving page (violation still recorded)

Yes. Even if you complete the DDAC and have your fine suspended, that first conviction still counts as a prior conviction within the 10-year lookback window. This means:

• A second offense within 10 years will be a Class A traffic violation (up to ~$2,000 fine)
• A third offense within 10 years becomes a Class B misdemeanor ($2,000 minimum fine, up to 6 months jail)

Completing the course gets your fine suspended, but it doesn’t wipe the slate clean.

Source: ORS 811.507(5)(c) and (d) (prior convictions within 10 years trigger enhanced penalties); ORS 811.507(8) (fine suspension does not eliminate the conviction)

Oregon driving records generally show all convictions. For purposes of the distracted driving penalty escalation, convictions are tracked over a 10-year window. This means a distracted driving conviction can affect your penalty level for future offenses for up to 10 years. For insurance purposes, most insurers typically review the most recent 3–5 years of your driving record, though policies vary.

Source: ORS 811.507(5)(c) and (d) (10-year lookback period for penalty escalation)

Absolutely. Even though the violation remains on your record, completing the DDAC offers significant benefits:

• Saves you money — a first-offense fine can be up to approximately $1,000. Completing the DDAC suspends the entire fine.
• Education — the course teaches practical strategies to avoid distracted driving, which can help you avoid future offenses and the steep penalty escalation.
• Demonstrates responsibility — having the fine suspended with a discharge may be viewed more favorably than a paid fine by employers, insurers, or others reviewing your record.

Given that a second offense jumps to ~$2,000 and a third offense becomes a criminal misdemeanor, taking the course now is a smart investment in avoiding much larger consequences later.

Source: ORS 811.507(5) and (8) (penalty levels and fine suspension provisions)

Yes. Defensive Drivers Institute is an ODOT-approved provider of the Distracted Driving Avoidance Course. Our course meets all the curriculum and completion standards established by ODOT-TSO under OAR Chapter 737, Division 20. You can verify our approval on ODOT’s official list of approved providers at oregon.gov/odot/safety/pages/distracted.aspx.

Our DDAC is $19.99 — one of the most affordable options available. There are no hidden fees, no processing charges, and no extra certificate costs. Compare that to a potential fine of up to $1,000 for a first offense. Enroll now for just $19.99 →

Our course takes 90 minutes, which is the minimum required by Oregon administrative rules. The course covers all nine mandated curriculum topics, and you’ll need to demonstrate at least 80% comprehension to pass. Most students complete the entire course in a single sitting, but you can take breaks if needed.

Source: OAR 737-020-0030(1) (minimum 90 minutes of instruction); OAR 737-020-0020(6) (80% passing score required)

Yes. DDI’s DDAC is 100% online and works on all devices — phone, tablet, or computer. No apps to download, no special software needed. Just use your web browser. Our course is fully responsive, meaning it adjusts to fit whatever screen you’re using.

Yes. As soon as you complete the course and pass with 80% or higher, your completion certificate is generated instantly. You can download and print it right away. The certificate includes all required information — DDI’s name and address, your name, the date of completion, and a statement of successful completion — exactly as required by Oregon administrative rules.

Source: OAR 737-020-0030(4) (provider must promptly issue completion certificate with required information)

Here’s what sets Defensive Drivers Institute apart:

• $19.99 — transparent, all-inclusive pricing with no hidden fees or extra charges
• 90 minutes — meets the state requirement without unnecessary padding
• 100% online — complete from anywhere on any device
• ODOT-approved — fully compliant with OAR Chapter 737, Division 20 standards
• Instant certificate — download your completion certificate the moment you finish
• All 9 required topics — comprehensive coverage of every curriculum area mandated by Oregon law
• Responsive support — real people available to help if you have questions

Start your DDAC now →