West Virginia driving law, answered
Every answer here comes from West Virginia Driver's Licensing Handbook and, where the manual is silent, the West Virginia Code: Chapter 17A: Motor Vehicle Administration, Registration, Certificate of Title, and Antitheft Provisions, Chapter 17B: Motor Vehicle Driver's Licenses, Chapter 17C: Traffic Regulations and Laws of the Road, Chapter 17D: Motor Vehicle Safety Responsibility Law, with the page or the section it is in.
Statutes fetched on 9 October 2026; manuals fetched on 6 September 2026. How the answers are made
How far from a fire hydrant must you park?
You may not stop, stand or park within 15 feet of a fire hydrant. A crew that has to run hose around your car loses the minutes that matter most.
Within 15 feet of a fire hydrant
As of 6 Sep 2026
How far from a crosswalk at an intersection must you park?
You may not stop, stand or park within 20 feet of a crosswalk at an intersection. A car parked at the corner hides the person about to step off the curb.
Within 20 feet of a crosswalk at an intersection
As of 6 Sep 2026
May you park in or near an intersection?
You may not stop, stand or park on a sidewalk, on a crosswalk, within an intersection, in front of a driveway, or in front of a wheelchair ramp or curb cut. Each of those forces somebody else out into moving traffic to get around you.
In front of a wheelchair ramp or curb cut
As of 6 Sep 2026
How far from a stop sign or traffic signal must you park?
You may not stop, stand or park within 30 feet of any stop sign or traffic control signal. The whole point of the sign is that drivers can see it from a distance.
Within 30 feet of any stop sign or traffic control signal
As of 6 Sep 2026
How far from a railroad crossing must you park?
You may not stop, stand or park within 50 feet of the nearest rail of a railroad crossing. A driver at the crossing needs a clear view down the track before rolling onto it.
Within 50 feet of the nearest rail of a railroad crossing
As of 6 Sep 2026
How far from a fire station driveway must you park?
(11) Within twenty feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five feet of the entrance (when properly signposted);
West Virginia law, W. Va. Code § 17C-13-3(a)(11)
As of 9 Oct 2026
How close to the curb must you park?
When you parallel park on a two-way street, the right-hand wheels should be parallel to and within 18 inches of the right curb. A car sticking out into the lane is the one a passing driver clips.
park so the righthand wheels are parallel to and within 18 inches of the right curb
As of 6 Sep 2026
When must you stop for a school bus with flashing red lights?
On all highways, streets, parking lots, private roads and driveways, traffic in both directions must stop before reaching a school bus with its red lights flashing that is picking up or setting down students. Children walk around the front of the bus where the driver behind cannot see them at all.
On all highways streets parking lots private roads or driveways traffic in both directions must stop before reaching a school bus that has its red lights flashing which is receiving or discharging students.
As of 6 Sep 2026
How far behind a fire truck answering an alarm may you follow?
(a) The driver of any vehicle other than one on official business may not follow any authorized emergency vehicle traveling in response to a fire alarm or other emergency closer than five hundred feet or drive into or park such vehicle within the block where such authorized emergency vehicle has stopped in answer to a fire alarm or other emergency.
West Virginia law, W. Va. Code § 17C-14-9(a)
As of 9 Oct 2026
When must you turn on your headlights?
Turn on your headlights from sunset to sunrise, in fog, smoke or rain, and at any other time when people and vehicles cannot be seen clearly at 500 feet. The lights are as much about being seen as about seeing.
Turn on your headlights from sunset to sunrise during fog smoke rain or at any other time when persons and vehicles cannot be seen clearly at a distance of 500 feet.
As of 6 Sep 2026
How far from an oncoming vehicle must you dim your high beams?
Dim your headlights within 500 feet of an approaching vehicle. High beams fill the other driver's windshield and take their night vision away.
Dim your headlights within 500 feet of an approaching vehicle.
As of 6 Sep 2026
Who must wear a seat belt?
(a) 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 meeting applicable federal motor vehicle safety standards. For the purposes of this section, the term “passenger vehicle” means a motor vehicle which is designed for transporting 15 passengers or less, including the driver, except that the term does not include a motorcycle, a trailer, or any motor vehicle which is not required on the date of the enactment of this section under a federal motor vehicle safety standard to be equipped with a belt system. The provisions of this section apply to all passenger vehicles manufactured after January 1, 1967, and being 1968 models and newer.
West Virginia law, W. Va. Code § 17C-15-49(a)
As of 9 Oct 2026
When must a child ride in a car seat?
Every driver who transports a child under the age of eight years in a passenger automobile, van or pickup truck other than one operated for hire shall, while the motor vehicle is in motion and operated on a street or highway of this state, provide for the protection of the child by properly placing, maintaining and securing the child in a child passenger safety device system meeting applicable federal motor vehicle safety standards: 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. Any person who violates any provision of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $10 nor more than $20.
West Virginia law, W. Va. Code § 17C-15-46
As of 9 Oct 2026
What is the legal blood alcohol limit for adult drivers?
A blood alcohol content of 0.08 percent or more means a driver is presumed to be driving under the influence. It is the line the law draws, and being under it is not the same as being safe.
If a driver's BAC is 0.08 percent or more, they are presumed to be driving under the influence.
As of 6 Sep 2026
What is the blood alcohol limit for drivers under 21?
West Virginia has a zero tolerance law: a driver under 21 with any measurable alcohol in their system will lose their driver's license. The line for a young driver is set as close to zero as a test can measure.
This means that if you are under the age of 21 and any amount of alcohol is found in your system, you will lose your driver's license.
As of 6 Sep 2026
May you use a handheld phone while driving?
(3) 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;
West Virginia law, W. Va. Code § 17C-14-15(e)(3)
As of 9 Oct 2026
May you text while driving?
(2) Write, send, or read any text-based communication including, but not limited to, a text message, instant message, e-mail, or social media interaction on a wireless telecommunications device or stand-alone electronic device: Provided, That this prohibition does not apply to a voice-operated or hands-free communication feature which is automatically converted by such device to be sent as a message in a written form;
West Virginia law, W. Va. Code § 17C-14-15(e)(2)
As of 9 Oct 2026
How far before a turn must you signal?
Signal at least 100 feet before you plan to turn, and use your signal before changing lanes, turning at an intersection, entering or leaving an interstate, pulling away from the curb, or pulling over. Other drivers expect you to keep going straight, and the signal is the only thing that changes that.
Signal at least 100 feet before you plan to turn.
As of 6 Sep 2026
May you turn right on a red light?
A driver may turn right on red at the intersection of two-way streets, or turn left on red from a one-way street onto another one-way street, after yielding to all other traffic and people crossing and where no sign forbids it. Both streets running one way is what keeps the left turn clear of oncoming traffic.
A driver may turn right on red at the intersection of two-way streets or may turn left on red from a one-way street to another one-way street.
As of 6 Sep 2026
May you turn left on a red light onto a one-way street?
A driver may turn right on red at the intersection of two-way streets, or turn left on red from a one-way street onto another one-way street, after yielding to all other traffic and people crossing and where no sign forbids it. Both streets running one way is what keeps the left turn clear of oncoming traffic.
A driver may turn right on red at the intersection of two-way streets or may turn left on red from a one-way street to another one-way street.
As of 6 Sep 2026
Where are U-turns not allowed?
A no U-turn sign means do not turn around in the middle of a street or at that intersection. A U-turn crosses every lane at once, and nobody coming is expecting it.
No U-Turn Sign This sign means do not turn around in the middle of a street or an intersection.
As of 6 Sep 2026
What is the speed limit on a residential street when no sign is posted?
The speed limit in a business or residential area is 25 miles an hour. These are the streets where people step out between parked cars, and slower speeds leave room to stop.
Business or Residential Areas - 25 mph
As of 6 Sep 2026
What is the speed limit on a highway outside town when no sign is posted?
Unless otherwise posted, the speed limit on an open county highway is 55 miles an hour. It is the default the law falls back on when no sign has told you anything else.
Open County Highway - 55 mph - unless otherwise posted
As of 6 Sep 2026
What is the speed limit in a school zone?
The speed limit in a school zone is 15 miles an hour while children are present along the roadway. It is set for a child stepping out from between parked cars, which is the whole reason for the zone.
School Zone (while children are present along the roadway) - 15 mph
As of 6 Sep 2026
When may you pass another vehicle on the right?
Passing on the right is not permissible unless there is a lane designated for passing. A driver being passed is watching the left; nobody looks for a car appearing on the other side.
Passing on the right is not permissible unless there is a lane designated for passing.
As of 6 Sep 2026
May you have an open container of alcohol in the car?
(b) It is unlawful for the operator or a passenger of a motor vehicle to knowingly possess any open alcoholic beverage container in the passenger area of any motor vehicle that is located on a public highway or right-of-way of a public highway in this state, whether the vehicle is in motion or at rest. Possession by a person of one or more open containers in a single criminal occurrence is a single offense.
West Virginia law, W. Va. Code § 17C-5D-3(b)
As of 9 Oct 2026
How old must you be to get a learner's permit?
To obtain a Level 1 graduated instruction permit you must be at least 15 years old, pass a vision screening and a knowledge test, and have written consent from a parent or legal guardian. The consent is what makes an adult answerable for the practice driving that follows.
You must be at least 15 years of age.
As of 6 Sep 2026
How long must you hold a learner's permit before a license?
For a Level 2 intermediate license you must be at least 16, have 180 consecutive days of conviction-free driving at Level 1, pass a road skills test, and have a log of at least 50 hours behind the wheel including 10 at night. The night hours are there because those are the conditions that catch new drivers out.
Have a parent or legal guardian certification log sheet of a minimum of 50 hours behind the wheel including the minimum of 10 hours at night or complete a driver's education course approved by the West Virginia Department of Education
As of 6 Sep 2026
Who must ride with you when you drive on a learner's permit?
A Level 1 graduated instruction permit lets you drive only with a licensed driver who is at least 21 years old in the right front passenger seat. The supervising driver is there to catch what a beginner misses, which only works from the next seat.
You may only drive with a licensed driver who is at least 21 years old in the right front passenger seat.
As of 6 Sep 2026
How many passengers may a new provisional driver carry?
(D) For the first six months after issuance of a level two intermediate driver’s license, the licensee may not operate a motor vehicle carrying any passengers less than 20 years old, unless these passengers are family members of the licensee; for the second six months after issuance of a level two intermediate driver’s license, the licensee may not operate a motor vehicle carrying more than one passenger less than 20 years old, unless these passengers are family members of the licensee; (E) The licensee operates a vehicle without any measurable blood alcohol content in accordance with §17C-5-2(h) of this code; (F) The licensee maintains current school enrollment and is making satisfactory academic progress or otherwise shows compliance with §18-8-11 of this code: Provided, That a person may otherwise be eligible for a restricted license or instruction permit pursuant to §18-8-11.
West Virginia law, W. Va. Code § 17B-2-3a(d)(2)
As of 9 Oct 2026
What is the penalty for littering from a vehicle?
(c) In addition to any penalty imposed for littering under the provisions of article fifteen-a, chapter twenty-two of this code, any driver of a motor vehicle or other conveyance convicted of violating this section shall have three points assessed against his or her driver's license.
West Virginia law, W. Va. Code § 17C-14-14(c)
As of 9 Oct 2026
When must you install an ignition interlock after a drunk-driving conviction?
(d) Notwithstanding any provision of the code to the contrary, a person shall participate in the program if the person is convicted under §17C-5-2 of this code or the person’s license is revoked under §17C-5A-2 or §17C-5-7 of this code and the person was previously either convicted or his or her license was revoked under any provision cited in this subsection within the past 10 years. The minimum revocation period for a person required to participate in the program under this subsection is one year and the minimum period for the use of the ignition interlock device is two years, except that the minimum revocation period for a person required to participate because of a violation for driving while under the age of 21 with a blood alcohol concentration of 0.02 percent, or more, by weight, but less than 0.08 percent, or more, by weight, is two months and the minimum period of participation is one year. The division shall add an additional two months to the minimum period for the use of the ignition interlock device if the offense was committed while a minor was in the vehicle. The division shall add an additional six months to the minimum period for the use of the ignition interlock device if a person other than the driver received injuries. The division shall add an additional two years to the minimum period for the use of the ignition interlock device if a person other than the driver is injured and the injuries result in that person’s death. The division shall add one year to the minimum period for the use of the ignition interlock device for each additional previous conviction or revocation within the past 10 years. Any person required to participate under this subsection must have an ignition interlock device installed on every vehicle he or she owns or operates.
West Virginia law, W. Va. Code § 17C-5A-3a(d)
As of 9 Oct 2026
At what blood alcohol level do drunk-driving penalties increase?
(3) For a person whose license has been revoked for a first offense for driving with a blood alcohol concentration of 0.15 percent or more, by weight, the minimum period of revocation for participation in the test and lock program is 45 days and the minimum period for the use of the ignition interlock device is 270 days;
West Virginia law, W. Va. Code § 17C-5A-3a(c)(3)
As of 9 Oct 2026
For how many years does a prior drunk-driving conviction count against you?
(1) Any conviction under the provisions of subsection (b), (c), (d), (e), (f), (g), (h), or (i) of this section, or under a prior enactment of this section, for an offense which occurred within the 10-year period immediately preceding the date of arrest in the current proceeding;
West Virginia law, W. Va. Code § 17C-5-2(n)(1)
As of 9 Oct 2026
How many points on your license lead to a suspension?
(e) Notwithstanding the provisions of legislative rule 91 CSR 5, the division may, upon completion of an approved defensive driving course, deduct three points from a licensee’s point accumulation provided the licensee has not reached 14points. If a licensee has been notified of a pending 30-day driver’s license suspension based on the accumulation of 12 or 13 points, the licensee may submit proof of completion of an approved defensive driving course to deduct three points and rescind the pending license suspension: Provided, That the licensee submits proof of prior completion of the course and payment of the reinstatement fee in accordance with section nine, article three of this chapter to the division prior to the effective date of the suspension.
West Virginia law, W. Va. Code § 17B-3-6(e)
As of 9 Oct 2026
What is the fine for texting while driving?
(1) 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, as measured from the date of any prior conviction or plea, a fine of not more than $100;
West Virginia law, W. Va. Code § 17C-14-15(h)(1)
As of 9 Oct 2026
Who must wear a protective helmet while operating or riding a motorcycle?
(a) 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 designed to deflect blows, resist penetration, and spread impact forces. Any helmet worn by an operator or passenger shall meet the current performance specifications established by the American National Standards Institute Standard, Z 90.1, the United States Department of Transportation Federal Motor Vehicle Safety Standard No. 218, or Snell Safety Standards for Protective Headgear for Vehicle Users.
West Virginia law, W. Va. Code § 17C-15-44(a)
As of 9 Oct 2026
How much light must a tinted side or rear window let through?
(c) A sun-screening device when used in conjunction with the automotive safety glazing materials of the side wings or side windows located at the immediate right and left of the driver shall be a nonreflective type with reflectivity of not more than twenty percent and have a light transmission of not less than thirty-five percent. The side windows behind the driver and the rear most windows may have a sun-screening device that is designed to be used on automotive safety glazing materials that has a light transmission of not less than thirty-five percent and a reflectivity of not more than twenty percent. If a sun-screening device is used on glazing behind the driver, one right and one left outside rear view mirror is required.
West Virginia law, W. Va. Code § 17C-15-36a(c)
As of 9 Oct 2026
How much distance must you leave when passing a bicycle?
(2) The driver of a vehicle overtaking a bicycle traveling in the same direction shall pass to the left of the bicycle at a distance of not less than three feet at a careful and reduced speed, and may not again drive to the right side of the roadway until safely clear of the overtaken bicycle.
West Virginia law, W. Va. Code § 17C-7-3(a)(2)
As of 9 Oct 2026
Must a vehicle driving slower than other traffic keep to the right lane?
(b) Upon all roadways any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic, or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway.
West Virginia law, W. Va. Code § 17C-7-1(b)
As of 9 Oct 2026
What is the minimum liability insurance coverage for bodily injury or death of one person and property damage?
(b) Beginning January 1, 2016, "proof of financial responsibility" means proof of ability to respond in damages for liability, on account of accident occurring subsequent to the effective date of the proof, arising out of the ownership, operation, maintenance, or use of a motor vehicle, trailer or semitrailer 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 to or destruction of property of others in any one accident: Provided, That proof of financial responsibility provided by an insurance policy in effect on December 31, 2015 in the minimum amounts required in subdivision (a) of this section shall continue to provide adequate proof of financial responsibility required by this chapter until the policy expires or is renewed.
West Virginia law, W. Va. Code § 17D-4-2(b)
As of 9 Oct 2026
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