After you pass in West Virginia: restrictions and your licence

By the end of this topic you can

• You can state the hours a Level 2 driver may drive alone.
• You can name the exceptions to the Level 2 night limit.
• You can explain the passenger limits in the first and second six months.
• You can explain the requirements for a Level 3 license.
• You can describe what changes when you reach 18 and 21.

What you need to know and understand

• Level 2 drivers may drive alone from 5 a.m. to 10 p.m.
• From 10 p.m. to 5 a.m. a licensed driver aged 21 or older must be with you, except for work, school-sanctioned activities, religious activities or an emergency to prevent injury or death.
• First six months on Level 2: no non-family passengers under 20. Next six months: no more than one.
• Level 3 is available from 17 after 12 months conviction-free on Level 2; it is optional.
• Drivers under 18 may not use any wireless device while driving except to call 911.
• Level 2 expires on your 18th birthday and Level 3 on your 21st birthday, each with a 30-day grace period.

Your first year on Level 2

Night driving and carrying friends are the two biggest risks for new drivers, so West Virginia limits both. Family members are not affected by the passenger limit, and passengers aged 20 or older are not counted.

Zero tolerance for alcohol still applies, everyone in the car must wear a seat belt and the under-18 device ban covers hands-free calls too.

• Months 1 to 6: alone 5 a.m. to 10 p.m.; no non-family passengers under 20.
• Months 7 to 12: alone 5 a.m. to 10 p.m.; at most one non-family passenger under 20.
• After 10 p.m. at any stage: a licensed driver aged 21 or older must be with you unless an exception applies.

Keeping your record clean

Every conviction on Level 2 restarts your 12-month conviction-free period. After a first conviction you must complete a driver improvement program or stay on Level 2 until 18. A second moving violation revokes your license until 18, after which you pay a reinstatement fee and retest as a first-time applicant. If you are 15 or 16, staying in school and keeping up academic progress also protects your license.

Moving up to Level 3

You can choose to stay on Level 2 until you turn 18 instead. Either way, the under-18 phone ban applies until your 18th birthday, and after that you may use only hands-free devices.

1. Turn 17 and complete 12 months on Level 2 with no convictions. The DMV says headlamp and improper backing violations do not count against you.
2. Visit a DMV regional office or testing center to apply and pay the fee. The DMV website lists $5.00 for each year until your 21st birthday, while the handbook shows a lower rate at age 17, so confirm the amount with the DMV.
3. Once on Level 3, the GDL time and passenger limits end, but points are added for any tickets.

Common mistakes

• Giving several school friends a ride in your first month. No non-family passengers under 20 are allowed.
• Staying out after 10 p.m. for a party. Social events are not an exception.
• Thinking a hands-free call is legal at 17. Only 911 calls are allowed.
• Forgetting your license expires at 18 or 21 and driving on an expired card after the grace period.

Test yourself: After you pass in West Virginia: restrictions and your licence

Answer each question, then read the explanation. Questions come in a random order each time.

Go deeper

• West Virginia Permit Test
• Learning to Drive in West Virginia
• West Virginia 50-Hour Driving Log