Using a mobile phone while driving in West Virginia (2026)
Last reviewed: 9 October 2026
In short: Holding a phone and writing, sending or reading text messages while driving are banned; hands-free use is allowed. Points are added only on a third conviction within 24 months. Drivers under 18 with a graduated licence or permit may not use a wireless device except to call 9-1-1.
| Rule | What applies |
|---|---|
| Holding a phone while driving bannedUsing a mobile phone while driving a car | Yes [1] |
| Hands-free useUsing a mobile phone while driving a car | Allowed [1] |
| Fine, first offence (lowest amount where a range applies)Using a mobile phone while driving a car | ⚠ Not yet verified |
| Penalty points on the licenceUsing a mobile phone while driving a car | 0 points [1] |
| Texting while drivingUsing a mobile phone while driving a car | Writing, sending or reading any text-based communication (texts, instant messages, email, social media) on a wireless or stand-alone electronic device is banned while driving. Voice-operated or hands-free features that convert speech into a written message are allowed. [1] |
| Learner and newly qualified driversUsing a mobile phone while driving a car | Holders of a level one instruction permit, level two intermediate licence or level three licence who are under 18 may not use a wireless communication device while driving, except to call 9-1-1. [2] |
Notes
- Holding or supporting a wireless device or stand-alone electronic device is banned; wearing a smartwatch is allowed. A phone call, voice message or one-way voice communication is banned unless it uses a voice-operated or hands-free feature.
- A voice-operated or hands-free feature is one that allows use without either hand, except to activate, deactivate or initiate it with a single touch or swipe.
- Maximum fine for a first conviction (no prior conviction within 24 months); no minimum is stated. It is up to USD 200 for a second conviction and up to USD 350 for a third or later within 24 months. A violation is a misdemeanour.
- Three points are added only on a third or subsequent conviction within 24 months.
Sources
- West Virginia Legislature: West Virginia Code § 17C-14-15. Electronically Distracted Driving Act (consulted 9 October 2026) · all sources
- West Virginia Legislature: West Virginia Code § 17B-2-3a. Graduated driver's license (consulted 10 October 2026) · all sources
West Virginia and neighbouring states
| State | Holding a phone while driving banned | Hands-free use | Fine, first offence (lowest amount where a range applies) | Penalty points on the licence |
|---|---|---|---|---|
| West Virginia | Banned | Allowed | ⚠ Not yet verified | None (3 on third) |
| Kentucky | No (texting banned) | Calls not restricted | USD 25 | 3 points |
| Maryland | Banned (no hand use) | Hands-free allowed | ⚠ Not yet verified | None unless crash |
| Ohio | Banned (calls at the ear allowed) | Allowed | ⚠ Not yet verified | 2 points |
| Pennsylvania | Banned (holding) | Hands-free; one-button only | USD 50 | ⚠ Not yet verified |
| Virginia | Banned | Allowed | USD 125 | 3 demerit points |
More rules in West Virginia
- CannabisPossession for personal use: Criminal offence (misdemeanour) · Growing at home: Prohibited
- Car speed limitsBuilt-up areas: 25 mph · Outside built-up areas (single carriageway): 55 mph
- Minimum age for a car driving licenceMinimum age for a car licence: 16 (intermediate licence) · Earliest age to drive a car supervised: 15 (level one permit)
- E-bikes and speed pedelecsLegal class: Three classes
- FireworksConsumers may buy and use category F2 fireworks: Yes · Minimum age to buy: 18
- Knives and pepper sprayFolding pocket knives: Allowed; 18+ for concealed · Locking or one-handed knives: Switchblade/gravity: 18+ may carry concealed
- Statutory minimum wageNational statutory minimum wage: Yes (state law) · Current adult minimum wage (gross): $8.75 per hour
- Seat belts and child seatsSeat belt compulsory in front seats: Yes · Seat belt compulsory in rear seats: Only passengers under 18
- Tobacco and nicotine age limitsMinimum age to buy tobacco: 21 · Minimum age to buy e-cigarettes: 21
- Drinking age and alcohol salesMinimum age to buy beer and wine: 21+ (purchase, consume, possess) · Minimum age to buy spirits: 21+ (purchase, consume, possess)
- Drink-driving limitsBlood alcohol limit for ordinary drivers: 0.08% · Lower limit for novice or young drivers: 0.02% (under 21)
Related pages
General information, not legal advice. Rules change: check the official source before you fly or ride.