West Virginia Driving Laws: A Complete Guide

West Virginia GDL rules (permit at 15), DUI fines, speed limits, insurance minimums, and the points system. Your complete guide to driving legally in WV.
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Disclaimer: The information provided by Ride Legal is for general informational purposes only and does not constitute legal or financial advice. Please consult your CPA or attorney for guidance on all financial and legal matters.

Minimum Driving Age

West Virginia employs a Graduated Driver’s Licensing (GDL) system comprising three levels:

  • Level 1 (Instruction Permit):

    • Minimum Age: 15 years

    • Requirements: Pass vision and knowledge tests, obtain parental consent, and provide a valid School Driver Eligibility Certificate .

  • Level 2 (Intermediate License):

    • Minimum Age: 16 years

    • Requirements: Hold a Level 1 permit for at least 6 months, complete 50 hours of supervised driving (including 10 hours at night), pass a road skills test, and have no traffic violations for 6 months .

  • Level 3 (Full License):

    • Minimum Age: 17 years

    • Requirements: Hold a Level 2 license for at least 1 year without violations

Instruction Permit Rules

  • Supervision: Permit holders must be accompanied by a licensed driver aged 21 or older in the front seat at all times

  • Driving Hours: Driving is permitted only between 5 a.m. and 10 p.m.

  • Passenger Restrictions: No more than two non-family passengers under 21 years old

License Types

  • Instruction Permit (Level 1): Allows supervised driving with a licensed adult aged 21 or older

  • Intermediate License (Level 2): Permits unsupervised driving with certain restrictions for drivers under 18

  • Full License (Level 3): Grants full driving privileges without restrictions

  • Commercial Driver’s License (CDL): Required for operating commercial vehicles; applicants must meet specific age and testing requirements.

  • Motorcycle Endorsement: Required for operating motorcycles; applicants must pass a motorcycle knowledge test and skills test.

Required Documents for Driving

To apply for a permit or license in West Virginia, applicants must provide:

  • Proof of Identity and Date of Birth: Such as a birth certificate or valid passport.

  • Proof of Social Security Number: Social Security card or approved document.

  • Proof of West Virginia Residency and Current Address: Two documents, such as utility bills, lease agreements, or school transcripts.

  • Parental Consent: Required if under 18; parent or guardian must accompany the applicant or provide a notarized signature on the application.

Acceptable Proof Documents

Seatbelt and Car Seat Laws

  • Children under 8 years old and under 4 feet 9 inches tall: Must be secured in a federally approved child safety seat.

  • Children under 8 years old and at least 4 feet 9 inches tall: May use a seatbelt.

  • Seatbelt Use: All front-seat occupants and rear-seat passengers under 18 are required to wear seatbelts.

Child Passenger Safety

Silver Mercedes-Benz G-Wagon parked on a gravel overlook with a winding mountain road and pine forests stretching into the distance at sunset.

Cell Phone and Distracted Driving Rules

  • Handheld Device Use: Prohibited for all drivers while operating a motor vehicle

  • Hands-Free Use: Permitted for drivers aged 18 and over

  • Novice Drivers (under 18 with Level 1 or 2 licenses): Prohibited from any cell phone use, including hands-free devices

DUI Laws

  • Legal BAC Limits:

    • 21 and over: 0.08%

    • Under 21: 0.02%

  • First Offense Penalties:

    • Fine: $100–$500

    • Jail Time: Up to 6 months

    • License Suspension: 6 months

  • Aggravated DUI (BAC ≥ 0.15%) Penalties:

    • Fine: $200–$1,000

    • Jail Time: 2 days to 6 months

    • License Revocation: 1 year

Speed Limits

  • Business or Residential Districts: 25 mph

  • Open Country Highways: 55 mph

  • Interstates: Up to 70 mph

Reckless Driving Laws

  • Definition: Operating a vehicle with willful or wanton disregard for the safety of persons or property.

  • First Offense Penalties:

    • Jail Time: 5 to 90 days

    • Fine: $25–$500

  • Second or Subsequent Offense Penalties:

    • Jail Time: 10 days to 6 months

    • Fine: $50–$1,000
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Points System

  • Point Accumulation:

    • Points are assigned for traffic violations based on severity.

  • Consequences:

    • Accumulating 6 points results in a warning letter.

    • Continued violations can lead to license suspension.

West Virginia Points System

Insurance Requirements

  • Minimum Liability Coverage:

    • Bodily Injury: $25,000 per person / $50,000 per accident

    • Property Damage: $25,000 per accident

  • Uninsured/Underinsured Motorist Coverage:

    • Bodily Injury: $25,000 per person / $50,000 per accident

    • Property Damage: $25,000 per accident

Renewal Frequency and Testing

  • License Renewal:

    • Driver’s licenses are typically valid for 5 years

  • Vision Test:

    • Required at each renewal

  • Written/Driving Test:

    • May be required if there are medical concerns or after certain violations

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