Is eating and driving illegal in Oregon?

Posted on March 31, 2025 writen by Jane Paulson in Distracted Driving

Driving requires your full attention, yet distractions abound, from texting to fiddling with the car’s controls. One common, often overlooked distraction is eating. So, is eating and driving illegal in Oregon? While no explicit law prohibits it, the act can still result in legal repercussions if it leads to unsafe driving. At Paulson Coletti, we understand the severe dangers of distracted driving. We’ll clarify Oregon’s stance on eating while driving, explore the inherent risks, and explain how it can influence your legal responsibility in a collision.

Is Eating and Driving Illegal?

Whether you are quickly sipping down the morning iced coffee or chowing down on your midday burger for lunch, eating or drinking while driving is fairly common. During the latest reporting year in this state, there were more than 50,000 total vehicle accidents, according to the Oregon Department of Transportation. When we examine some of the main reasons these crashes occur, we can see that “inattention” is listed. This is another way of saying distracted driving.

The Oregon DOT lists four types of distracted driving behaviors:

Visual

Looking at something other than the road

Auditory

Hearing something not related to driving

Manual

Handling something other than the steering wheel

Cognitive

Thinking about something other than driving

Oregon does have laws related to distracted driving, but not related to eating and driving. That means that it is not technically illegal to eat or drink while driving in Oregon (as long as the beverage is non-alcoholic).

However, just because it is legal to eat or drink while driving, that does not mean this is a good idea. When we look at the list of types of distractions above, it is easy to see that eating and drinking while driving can easily be just as distracting as texting and driving. Eating or drinking and take a person’s eyes, hands, and thinking off of the roadway, potentially leading to a serious accident.

The Dangers of Eating While Driving

Many drivers don’t think twice about eating behind the wheel, but is eating and driving illegal in Oregon? While no specific law prohibits it, eating while driving can still be dangerous and lead to legal consequences. Taking your hands, eyes, or mind off the road—even for a moment—can increase the risk of an accident.

Certain foods can make the problem worse. Unwrapping a sandwich, reaching for napkins, or handling messy meals all distract drivers from the road. The more focused a driver is on their food, the less they focus on driving, turning even a quick distraction into a serious risk for everyone on the road.

How Eating Can Lead to Distracted Driving Accidents

Under Oregon Revised Statutes (ORS) 811.140, reckless driving is defined as operating a vehicle in a manner that endangers people or property. This includes behaviors such as speeding, aggressive driving, or engaging in distractions that compromise safe driving. One often-overlooked distraction is eating behind the wheel.

You might not think twice about eating while driving, but it can be more dangerous than it seems. If grabbing a meal behind the wheel leads to reckless driving, you could face serious legal consequences—including fines, license suspension, or criminal charges. Driving attentively isn’t just a legal obligation; it’s a critical responsibility to safeguard yourself, your passengers, and everyone else sharing the road.

The Most Dangerous Foods to Eat Behind the Wheel

Certain foods are more likely to cause distractions due to the need for handling, potential spills, or requiring both hands. Some of the most dangerous foods to eat while driving include: 

• Hot coffee or soup: Spills can cause sudden reactions, leading to swerving or losing control. 
• Burgers and sandwiches: Require both hands to hold and can drip, increasing distraction. 
• Tacos and burritos: Messy fillings and sauces make them challenging to manage. 
• Chocolate and sticky snacks: Can melt or leave residue, causing drivers to wipe their hands instead of focusing on the road. 
• Fizzy or bottled drinks: Opening a can or bottle can momentarily take both hands off the wheel. 

Even something as simple as reaching for food can distract you from the road. Avoid eating while driving to stay safe and protect others on the road.

What Are Other Oregon Distracted Driving Laws?

Oregon does have other laws related to distracted driving. In this state, it is illegal to compose, read, or send text messages or emails from a handheld device while driving. It is also illegal to talk or otherwise use a handheld mobile communications device while driving.

Drivers are allowed to use a hands-free device to make and receive phone calls. However, drivers under the age of 18 are not allowed to use any cell phone or other mobile communication device, even if the device is hands-free.

Oregon uses primary enforcement of distracted driving laws, which means a police officer can make a traffic stop based on a distracted driving infraction alone.

Consequences of Distracted Driving in Oregon

Oregon has strict distracted driving laws, and while eating while driving is not specifically illegal, it can contribute to reckless or careless driving violations.

Even a split-second distraction can lead to a crash. You might think you have control, but eating while driving slows your reaction time more than you realize. Oregon takes distracted driving seriously, and if an officer believes eating contributed to unsafe driving, you could face fines—or worse, be held liable for an accident.

Under Oregon Revised Statutes (ORS) 811.507, distracted driving offenses carry increasing penalties based on the number of violations:

• First offense: A Class B violation that results in a fine of up to $1,000.
• Second offense: A Class A violation, increasing the fine up to $2,500.
• Third or subsequent offense: If a driver has two prior convictions within ten years, the violation escalates to a Class B misdemeanor, which can result in jail time and additional fines.

In addition to fines and legal consequences, being found responsible for an accident due to distraction can result in increased insurance premiums, civil lawsuits, and long-term financial burdens. Victims injured in distracted driving accidents may pursue compensation for medical bills, lost wages, and pain and suffering, further complicating the situation for at-fault drivers.

How to Avoid Distractions While Driving

To reduce the risk of accidents and legal consequences, drivers should take proactive steps to minimize distractions:

• Eat before you drive: Plan meals before getting on the road.
• Pull over if necessary: If you cannot wait to eat, park in a safe location.
• Keep your car clean: Avoid clutter that could tempt you to reach for snacks while driving.
• Use spill-proof containers: Use secure lids to prevent spills if drinking coffee or another beverage.
• Practice defensive driving: Stay aware of distracted drivers around you to avoid potential hazards.
• Educate young drivers: New drivers are more prone to distractions; setting good habits early can help prevent accidents.

By making mindful choices about when and where to eat, drivers can keep their focus on the road and reduce their risk of harming themselves and others.

Distracted Driving Crashes Can Lead to Severe Injuries

Just like any other traffic collision, distracted driving accidents can lead to severe injuries for anyone involved. These incidents often happen at high speeds, and victims regularly sustain the following types of injuries:

• Spinal cord trauma with paralysis
• Traumatic brain injuries
• Broken and dislocated bones
• Severe lacerations
• Whiplash
• Concussions
• Internal organ damage or internal bleeding

If you or someone you care about has been injured in a distracted driving crash, you may be entitled to significant compensation. Please seek assistance from a Portland distracted driving attorney to help with your case today.

Speak to an Attorney for Help

Being involved in an accident caused by a distracted driver can have serious consequences, and you may be entitled to compensation for medical expenses, lost wages, and emotional distress. At Paulson Coletti, our experienced attorneys specialize in personal injury claims and can help you navigate Oregon’s laws to protect your rights. We are dedicated to fighting for justice and ensuring you receive the compensation you deserve. 

Call us today for a free consultation to discuss your case and learn about your legal options.