West Virginia

GHSA maintains data on state laws surrounding a number of highway safety issues. Below is information regarding laws in the state of West Virginia. For more information, consult the State Highway Safety Office.

  • Alcohol Impaired Driving

    Penalties

    Increased Penalty for High BAC Administrative License Suspension on First Offense Limited Driving Privileges During Suspension
    .15 6 months After 30 days

    Ignition Interlocks

    Mandatory for high BAC (.15 or higher) and repeat convictions

    Other

    Open Container Laws Repeat Offender Laws
    Yes Yes
  • Bicyclists and Pedestrians

    Bicycle helmets required for all riders under 15.

  • Child Passenger Safety

    Child Restraint Required

    7 yrs or under and under 4'9" tall

    Adult Safety Belt Permissible

    8 yrs and older and 4'9" or taller

  • Distracted Driving

    Hand-Held Ban?

    Yes. Primary law.

    All Cell Phone Ban?

    School Bus Drivers

    No

    Novice Drivers

    Drivers under 18 with learner or intermediate license. Primary law.

    Text Messaging Ban?

    All drivers. Primary law.

  • Drug Impaired Driving

    DUID Zero Tolerance or Per se Laws for Some Drugs

    • None

    Marijuana-Specific Laws

    • Possession and Use: Legal for medical use
    • Impaired Driving: None
  • Mature Drivers

    Length of Regular Renewal Cycle

    5 years

    Provisions for Mature Drivers

    None

  • Motorcyclists

    Universal helmet law enacted 1971.

  • Seat Belts

    Type of Law

    Primary

    Who Is Covered?

    8 and over

    In What Seat?

    8-17 yrs: Front

  • Speed and Red Light Cameras

    Speed Cameras

    Prohibited

    Red Light Cameras

    Prohibited

  • Speeding and Aggressive Driving

    Rural Interstates

    Cars (MPH) Trucks (MPH)
    70 70

    Urban Interstates

    Cars (MPH) Trucks (MPH)
    60 or 65 60 or 65

    Other Limited Access Roads

    Cars (MPH) Trucks (MPH)
    65 65

    *NOTE: West Virginia speed limits, in general, are not set by law, but by the Commissioner of the Division of Highways

  • Teen and Novice Drivers

    Full Privilege Minimum Age

    17 years

    Learner Stage

    Minimum Age (Years/Months)

    Minimum Duration (Months)

    Required Supervised Driving Hours (Night Hours)
    15 6 50 (10); 0 with driver's ed.

    Intermediate Stage

    Minimum Age (Years/Months)

    		 Nighttime Driving Restriction

    Passenger Restriction (except family, unless noted)
    16 10 p.m. - 5 a.m.

    First 6 months: no passengers under 20

    Second 6 months: no more than one passenger under 20