West Virginia driving laws
The rules your permit test asks about, in plain English. Each one is quoted from West Virginia’s statutes or an official DMV page. Handbooks are often years out of date, so where the law has changed we follow the law.
Checked October 2, 2026.
The short version
- Phones and texting
- Drivers may not hold or support a phone or other electronic device, text, or make calls except with a voice-operated or hands-free feature.
- Alcohol and drugs (DUI)
- The adult limit is 0.08.
- Seat belts and child seats
- The driver, every front-seat passenger and back-seat passengers under 18 must wear a seat belt.
Phones and texting
Drivers may not hold or support a phone or other electronic device, text, or make calls except with a voice-operated or hands-free feature. Drivers under 18 on a Level 1 permit, Level 2 or Level 3 license may not use a wireless device at all while driving, except to call 9-1-1.
Official wording (6 sources)
“Physically hold or support, with any part of his or her body, a wireless communication device or stand-alone electronic device: Provided , That this prohibition does not apply to the wearing of a smartwatch;”
code.wvlegislature.gov“Make any communication involving a wireless telecommunications device, including a phone call, voice message, or one-way voice communication: Provided , That this prohibition does not apply to a voice operated or hands-free communication feature or function;”
code.wvlegislature.gov“For a first conviction with no prior conviction of and no plea of no contest accepted to a charge of violating this section within the previous 24-month period”
code.wvlegislature.gov“A fine of not more than $350; (B) Three points on the driver's record maintained by the Division of Motor Vehicles; and (C) At the court's discretion, suspension of the driver's license for a period of 90 days;”
code.wvlegislature.gov“A holder of a level two intermediate driver’s license who is under the age of 18 years shall not use a wireless communication device while operating a motor vehicle unless the use of the wireless communication device is for contacting a 9-1-1 system.”
code.wvlegislature.gov“A holder of a level one instruction permit who is under the age of 18 years may not use a wireless communication device while operating a motor vehicle”
code.wvlegislature.gov
Alcohol and drugs (DUI)
The adult limit is 0.08. Drivers under 21 commit an offense at 0.02. Commercial drivers are disqualified at 0.04. Refusing the secondary chemical test brings a license revocation of one year (or 45 days plus a year in the test-and-lock program) for a first refusal.
Official wording (7 sources)
“Has an alcohol concentration in his or her blood of eight hundredths of one percent or more, by weight.”
code.wvlegislature.gov“Any person under the age of 21 years who drives a vehicle on any public highway or private road in this state while he or she has an alcohol concentration in his or her blood of two hundredths of one percent or more”
code.wvlegislature.gov“shall be fined not less than $25 nor more than $100, and have his or her license to operate a motor vehicle suspended by the Commissioner of the Division of Motor Vehicles for a period of 60 days”
code.wvlegislature.gov“Implied consent requirements for commercial motor vehicle drivers; disqualification for driving with blood alcohol concentration of four hundredths of one percent or more, by weight.”
code.wvlegislature.gov“For the first refusal to submit to the designated secondary chemical test, the commissioner shall enter an order revoking the person’s license to operate a motor vehicle in this state for a period of one year or for a period of 45 days”
code.wvlegislature.gov“will result in the revocation of his or her license to operate a motor vehicle for a period of at least 45 days and up to life;”
code.wvlegislature.gov“is guilty of a misdemeanor and, upon conviction thereof, may be confined in jail for up to six months and shall be fined not less than $100 nor more than $500, and shall have his or her license to operate a motor vehicle revoked”
code.wvlegislature.gov
Seat belts and child seats
The driver, every front-seat passenger and back-seat passengers under 18 must wear a seat belt. It has been a primary offense since July 9, 2013; the fine is $25 with no points. Children under 8 must ride in a child safety seat or booster unless they are at least 4 feet 9 inches tall.
Official wording (4 sources)
“A person may not operate a passenger vehicle on a public street or highway of this state unless the person, any passenger in the back seat under 18 years of age, and any passenger in the front seat of the passenger vehicle is restrained by a safety belt”
code.wvlegislature.gov“Any person who violates the provisions of this section shall be fined $25. No court costs or other fees may be assessed for a violation of this section.”
code.wvlegislature.gov“As of July 9, 2013 , the law is a primary offense , which means that no other action of probable cause, other than the lack of use of the proper seat belt restraint system, is required”
dmv.wv.gov“Provided, That if a child is under the age of eight years and at least four feet nine inches tall, a safety belt shall be sufficient to meet the requirements of this section.”
code.wvlegislature.gov
Move Over law
When passing a stationary vehicle showing flashing emergency or warning lights, hazard lights, flares or a reflective warning sign, change to a lane not next to it if the highway has two or more lanes your way and it is safe. If you can't change lanes, slow to no more than 15 mph on an undivided road or 25 mph on a divided highway.
Official wording (2 sources)
“The driver of any vehicle approaching a stationary vehicle, when the stationary vehicle is giving a signal by displaying alternately flashing red, red and white, blue, or red and blue lights or amber or yellow warning lights, emergency flashers or hazard lights, flares, or retroreflective warning sign shall:”
code.wvlegislature.gov“Proceed with due caution, reduce the speed of the vehicle, maintaining a safe speed not to exceed 15 miles per hour on any nondivided highway or street and 25 miles per hour on any divided highway depending on road conditions, if changing lanes would be impossible or unsafe.”
code.wvlegislature.gov
School buses
Traffic from either direction must stop before reaching a school bus that is loading or unloading children with its warning lights flashing, wherever it stops, including parking lots and driveways. Only on a controlled-access highway, when the bus is on a different roadway and pedestrians may not cross, may you pass without stopping.
Official wording (2 sources)
“The driver of a vehicle, upon meeting or overtaking from either direction any school bus which has stopped for the purpose of receiving or discharging any school children, shall stop the vehicle before reaching the school bus”
code.wvlegislature.gov“Provided, That the driver of a vehicle upon a controlled access highway need not stop upon meeting or passing a school bus which is on a different roadway or adjacent to the highway and where pedestrians are not permitted to cross the roadway.”
code.wvlegislature.gov
Speed limits
Unless posted otherwise: 15 mph in a school zone during recess or while children are arriving or leaving, 25 mph in business and residence districts, and 55 mph on open country highways. Interstate and controlled-access limits are set by posted signs and may not be below 55 mph.
Official wording (3 sources)
“Fifteen miles per hour in a school zone during school recess or while children are going to or leaving school during opening or closing hours.”
code.wvlegislature.gov“Twenty-five miles per hour in any business or residence district; and (3) Fifty-five miles per hour on open country highways, except as otherwise provided by this chapter.”
code.wvlegislature.gov“The speed limit on controlled access highways and interstate highways, where no special hazard exists that requires a lower speed, shall be not less than 55 miles per hour”
code.wvlegislature.gov
After a crash
If a crash injures or kills anyone or causes $1,000 or more in total property damage, the driver must notify police immediately by the quickest means: city police inside a municipality, otherwise the county sheriff or nearest State Police office. The investigating officer files the written report.
Official wording (2 sources)
“The driver of a vehicle involved in a crash resulting in injury to or death of any person or total property damage to an apparent extent of $1,000 or more shall immediately by the quickest means of communication, give notice of such crash”
code.wvlegislature.gov“to the local police department if such crash occurs within a municipality, otherwise to the office of the county sheriff or the nearest office of the West Virginia State Police.”
code.wvlegislature.gov
Insurance
Every registered vehicle must carry liability insurance of at least 25/50/25, and the insurance certificate or other proof (an image on your phone counts) must be kept in the vehicle.
Official wording (3 sources)
“in the amount of $25,000 because of bodily injury to or death of one person in any one accident, and, subject to the limit for one person, in the amount of $50,000 because of bodily injury to or death of two or more persons in any one accident, and in the amount of $25,000 because of injury”
code.wvlegislature.gov“By an insurance policy delivered or issued for the delivery in this state by an insurance company authorized to issue vehicle liability and property insurance policies in this state within limits which may not be less than the requirements of section two, article four of this chapter;”
code.wvlegislature.gov“an image displayed on a wireless communication device, as defined in section one, article one, chapter seventeen-b of this code, that includes the information required by this section as provided by a liability insurer”
code.wvlegislature.gov
Motorcycle helmets
Every motorcycle operator and passenger must wear a securely fastened helmet meeting DOT FMVSS 218, ANSI Z90.1 or Snell standards, plus shatter-resistant glasses, goggles or a face shield.
Official wording (2 sources)
“A person may not operate or be a passenger on any motorcycle or motor-driven cycle unless the person is wearing securely fastened on his or her head by either a neck or chin strap a protective helmet”
code.wvlegislature.gov“A person may not operate or be a passenger on any motorcycle or motor-driven cycle unless the person is wearing safety, shatter-resistant eyeglasses, excluding contact lenses, or eye goggles or face shield”
code.wvlegislature.gov
Motorcycle permit rules
You can apply for a motorcycle learner's permit at 16; applicants under 18 must first complete Level 2 GDL. The permit is valid for 180 days, only in daylight, and with no passenger. After 7 days you can take the DMV skills test, or pass a Basic or Experienced Rider Course instead.
Official wording (6 sources)
“The permit is valid during daylight hours only and does not permit a passenger.”
dmv.wv.gov“If you are under the age of 18, you must complete Level II GDL before you can be eligible for a motorcycle instruction permit.”
dmv.wv.gov“Valid during daylight hours only. Does not permit a passenger. Valid for 180 days and cannot be renewed. You must retest if your permit expires.”
dmv.wv.gov“If you take the Motorcycle Safety Course, it waives the on-cycle skills test.”
dmv.wv.gov“The motorcycle instruction permit allows you to ride a motorcycle on public roads during daylight hours without passengers.”
webapps.transportation.wv.gov“Level two intermediate driver’s license. — An applicant 16 years of age or older, meeting all other requirements of this code, may be issued a level two intermediate driver’s license.”
code.wvlegislature.gov
Lane splitting
Lane splitting is not allowed. West Virginia has no statute that permits riding between lanes, and every vehicle must be driven as nearly as practicable entirely within a single lane.
Official wording (2 sources)
“A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.”
code.wvlegislature.gov“CODE AFFECTED: §17C–7–9 (Amended Code) §17C–7–9A (New Code) SUBJECT(S): Motor Vehicles”
wvlegislature.gov
This page summarizes the law for study purposes and is not legal advice. Laws change; confirm with West Virginia Division of Motor Vehicles.