Photo: Quintin Soloviev, CC BY 4.0, via Wikimedia Commons
West Virginia’s Graduated Driver’s License has three levels: Level 1 instruction permit (15), Level 2 intermediate license (16) and Level 3 license (17). Each level has its own time, passenger and phone rules, and convictions reset your clock or cost you your license. This page sets out every rule per level from the WV DMV and the Driver’s Licensing Handbook.
West Virginia GDL rules compared
| Rule | Level 1 permit | Level 2 intermediate | Level 3 |
|---|---|---|---|
| Minimum age | 15 | 16 | 17 |
| To qualify | Vision and knowledge tests, parent consent | 180 days conviction-free on Level 1, road skills test, 50-hour log or driver ed | 12 months conviction-free on Level 2 |
| Supervision | Licensed driver 21+ in the front seat at all times | Alone 5 a.m. to 10 p.m.; driver 21+ needed 10 p.m. to 5 a.m. (exceptions) | None |
| Driving hours | 5 a.m. to 10 p.m. only | See above | No GDL limit |
| Passengers | Max 2 non-family passengers plus the supervisor | First 6 months: no non-family passengers under 20. Next 6 months: max 1 | No GDL limit |
| Phones | No wireless device use except to call 911 | No wireless device use except to call 911 | Under 18: no device use except 911. At 18+: hands-free only |
| Alcohol | Zero tolerance | Zero tolerance | Zero tolerance |
| Seat belts | All occupants belted | All occupants belted | All occupants belted |
| Expires | 18th birthday + 30 days | 18th birthday + 30 days | 21st birthday + 30 days |
| Fee | Test $7.50 per attempt; permit $5.00 (2026 fee chart) | Road skills exam $7.50 per attempt; license $5.00 | $2.50 per year at 17, $5.00 per year at 18, until 21 |
Level 1 instruction permit
- At least 15 and under 18.
- Pass vision screening and the knowledge test (19 of 25).
- Parent or legal guardian consent on form DMV-DS-23P (not needed if you are married; bring a certified marriage certificate).
The permit is not renewable. If you surrender it, you start the exams, the 180 days and the documents over again.
Level 2 intermediate license
To apply you must be at least 16 with 180 consecutive conviction-free days on Level 1. You also need to pass the road skills test and bring either a parent-certified 50-hour log (10 at night) or an approved driver education card (see the DMV-10-GDL log).
What time can a Level 2 driver drive in WV?
Alone from 5 a.m. to 10 p.m. Between 10 p.m. and 5 a.m. you need a licensed driver 21+ with you, unless you are going to, taking part in, or returning from:
- lawful employment;
- a school-sanctioned activity;
- a religious activity;
- an emergency that requires you to drive to prevent injury or death of another person.
Can I drive my friends on a Level 2 license?
Not in the first six months if they are under 20 and not family. In the second six months, one non-family passenger under 20 at most. Passengers 20 and older are not limited by this rule.
Level 3 license
Moving to Level 3 is optional. You can keep Level 2 and its limits until 18. To qualify you must be at least 17, with 12 months conviction-free on Level 2. The DMV says headlamp and improper backing violations do not count against this. Apply at a DMV regional office or testing center. At Level 3, points are applied for any tickets you receive.
Violations and convictions at Levels 1 and 2
| Level | What happens |
|---|---|
| Level 1 | Each conviction restarts the 6-month conviction-free period. Two convictions: permit revoked for 90 days, then you reapply and retest. |
| Level 2 | Each conviction restarts the 12-month period. First conviction: you must enroll in a driver improvement program, or stay at Level 2 until 18. Second moving violation: license revoked until 18, then you retest as a first-time applicant. |
When the revocation ends at 18, the DMV says you pay a reinstatement fee and receive a retest letter.
The under-18 phone rule
Drivers under 18 may not use a wireless communication device while driving, except to contact a 911 system. The handbook cites WV Code Section 17B-2-3a. Police can stop you for it as a primary offense. A phone citation on Level 1 or Level 2 restarts your conviction-free period: 6 months on Level 1, 12 months on Level 2. See hands-free laws for US drivers.
Moving to WV under 18
If your out-of-state license is not equal to WV Level 2, or your old state had no GDL, you take the knowledge and road skills tests as a new driver. Bring a current driving record from your old state: the time you held that license is credited toward the Level 1 holding period.
Common questions
What is the curfew for a 16-year-old in West Virginia?
On Level 2 you need a driver 21+ with you between 10 p.m. and 5 a.m., except for work, school-sanctioned activities, religious activities or emergencies.
Can I drive my brother or sister on Level 2?
Yes. The passenger limits apply to non-family members under 20.
Can I get Level 3 at 17 if I got a ticket at 16?
Only once you have 12 conviction-free months on Level 2. A conviction restarts the 12 months.
Does a hands-free phone count for teens?
Yes. Under 18, you may not use a wireless communication device at all while driving, except to call 911.
What happens with two tickets on a WV Level 1 permit?
Your permit is revoked for 90 days, then you reapply and retest.
Does my Level 3 license expire?
Yes, on your 21st birthday with a 30-day grace period.
Back to the West Virginia learning to drive guide. See also points and school attendance, GDL compared, zero tolerance.
Sources
- West Virginia Division of Motor Vehicles, “Graduated Driver’s Licensing (GDL)” (dmv.wv.gov)
- West Virginia Division of Motor Vehicles, “WV Graduated Driver’s Licensing (GDL) Program Flyer” (Rev. 11/2022) (webapps.transportation.wv.gov)
- West Virginia Division of Motor Vehicles, “Driver’s Licensing Handbook” (revised 07/2026), Chapter I (webapps.transportation.wv.gov)
- West Virginia Division of Motor Vehicles, “Minimum Age to Obtain a Driver’s License” (dmv.wv.gov)