Driving Without a Valid License or on a Suspended License in West Virginia

West Virginia prohibits driving without a valid license. In other words, it's against the law to drive on a suspended or revoked license or if you never obtained a license. This article defines these violations, the possible penalties, and the exemptions to the license requirement.

Driving Without a License Law

Generally, every person who operates a motor vehicle on a West Virginia highway must carry a valid license while driving. (W. Va. Code § 17B-2-1 (2025).)

Exceptions to the Driver's License Requirement

Non-resident drivers with valid driver's licenses from their home state or country can drive in West Virginia without an in-state license (including out-of-state college students), subject to West Virginia age restrictions. Military personnel operating military vehicles are also exempt from the licensing requirements. (W. Va. Code § 17B-2-2 (2025).)

Penalties for Unlicensed Driving

Unlicensed driving (driving without owning a valid license) is a misdemeanor, carrying a fine of up to $500. A second or subsequent offense will result in up to a $500 fine and up to six months in jail. (W. Va. Code § 17B-2-1 (2025).)

Penalties for Driving Without a Valid License in Your Possession

A licensed driver who can't—or won't—display a license to a requesting officer can be convicted of a misdemeanor and faces a maximum $500 fine. However, a driver who presents a license that was valid at the time of the offense to the court (or police before the court date) can't be convicted of the offense. (W. Va. Code § 17B-2-9 (2025).)

Driving While Suspended or Revoked

A person who operates a vehicle while on a suspended or revoked license is subject to fines, jail, and extended license sanctions. The penalties are more severe if a person's license is suspended or revoked for a DUI offense. (W. Va. Code § 17B-4-3 (2025).)

Penalties for Driving on a Suspended License

Driving while suspended or revoked is a misdemeanor, punishable by a $100 to $500 fine. A third or subsequent offense carries a $150 to $500 fine and 30 to 90 days in jail. (W. Va. Code § 17B-4-3 (2025).)

Penalties for Driving While Revoked for DUI

A violator whose license was suspended or revoked for a DUI (driving under the influence) will be guilty of a misdemeanor, punishable by a $100 to $500 fine and 30 days to 6 months in jail. A second offense carries a $1,000 to $3,000 fine and six months to one year in jail. A third offense is a felony and results in a $3,000 to $5,000 fine and one to three years in prison. Convicted motorists also face additional license suspension time. (W. Va. Code § 17B-4-3 (2025).)

Penalties for Driving While Suspended for an Underage DUI

West Virginia has an underage DUI that prohibits drivers who are under 21 years from operating a vehicle with a blood alcohol concentration (BAC) of .02% or more. An underage DUI leads to license suspension.

A person who violates this suspension will be guilty of a misdemeanor, which results in up to 24 hours in jail and a $50 to $500 fine. A second offense carries 30 days to 6 months in jail and a $100 to $500 fine. A third or subsequent offense is a felony with a penalty of one to three years in prison, and a $1,000 to $5,000 fine. Driving while on an underage DUI suspension will also result in an additional six-month driver's license suspension. (W. Va. Code § 17B-4-3 (2025).)

Getting Help From a Defense Attorney

If you've been charged with unlicensed driving, you should get in touch with a knowledgeable defense attorney. A qualified defense lawyer can tell you how the law applies in your case and help you navigate the legal system.