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.

West Virginia
Bike helmets required?

Bicycle helmets required for all riders under 15.

West Virginia
Motorcycle Helmet Required?

Universal helmet law enacted 1971.

West Virginia
Length of Regular Renewal Cycle

5 years

West Virginia
Provisions for Mature Drivers

None

West Virginia
Rural Interstates: Cars (MPH)

70 (West Virginia speed limits, in general, are not set by law, but by the Commissioner of the Division of Highways.)

West Virginia
Rural Interstates: Trucks (MPH)

70 (West Virginia speed limits, in general, are not set by law, but by the Commissioner of the Division of Highways.)

West Virginia
Urban Interstates: Cars (MPH)

60 or 65 (West Virginia speed limits, in general, are not set by law, but by the Commissioner of the Division of Highways)

West Virginia
Urban Interstates: Trucks (MPH)

60 or 65 (West Virginia speed limits, in general, are not set by law, but by the Commissioner of the Division of Highways)

West Virginia
Other Limited Access Roads: Cars (MPH)

65 (West Virginia speed limits, in general, are not set by law, but by the Commissioner of the Division of Highways)

West Virginia
Other Limited Access Roads: Trucks (MPH)

65 (West Virginia speed limits, in general, are not set by law, but by the Commissioner of the Division of Highways)

West Virginia
Increased penalty for high BAC

0.15

West Virginia
Administrative license suspension on first offense

6 months

West Virginia
Limited driving privileges during suspension

After 30 days

West Virginia
Ignition Interlocks

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

West Virginia
Open container laws

Yes

West Virginia
Repeat Offender Laws

Yes

West Virginia
Child Restraint Required

7 yrs or under and under 4'9" tall

West Virginia
Adult Safety Belt Permissible

8 yrs and older and 4'9" or taller

West Virginia
Full Privilege Minimum Age

17 years

West Virginia
Learner Stage: Minimum Age (Years/Months)

15

West Virginia
Learner Stage: Minimum Duration (Months)

6

West Virginia
Learner Stage: Supervised Driving Hours (Night Hours in Parenthesis)

50 (10); 0 with driver's ed.

West Virginia
Intermediate Stage: Minimum Age (Years/Months)

16

West Virginia
Intermediate Stage: Nighttime Driving Restriction

10 p.m. - 5 a.m.

West Virginia
Intermediate Stage: Passenger Restrictions (Except Family, Unless Noted)

First 6 months: no passengers under 20 Second 6 months: no more than one passenger under 20

West Virginia
In What Seat?

8-17 yrs: Front

West Virginia
Type of Law

Primary

West Virginia
Who is Covered?

8 and over

West Virginia
Hand-Held Ban?

Yes. Primary law.

West Virginia
All Cell Phone Ban? School Bus Drivers

No

West Virginia
All Cell Phone Ban? Novice Drivers

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

West Virginia
Text Messaging Ban?

All drivers. Primary law.

West Virginia
Speed Cameras: State Law

Prohibited

West Virginia
Speed Cameras: Where Permitted

n/a

West Virginia
Red Light Cameras: State Law

Prohibited

West Virginia
Red Light Cameras: Where Permitted

n/a

West Virginia
DUID Zero Tolerance or Per se Laws for Some Drugs

None

West Virginia
Marijuana Possession and Use

Legal for medical use

West Virginia
Marijuana Impaired Driving

None

DUID Training Grant: West Virginia

The West Virginia Governor’s Highway Safety Program (GHSP) used grant funding from GHSA and the National Highway Traffic Safety Administration (NHTSA) to hold a multiday training session to educate participants on different aspects of drugged driving cases and the prosecution process.

The West Virginia GHSP partnered with the West Virginia Traffic Safety Resource Prosecutor (TSRP) to organize a “West Virginia Prosecuting the Drugged Driver Course” in September 2019. Thirteen Assistant Prosecutors/Assistant Attorneys General and 12 drug recognition expert (DRE) officers attended.

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