West Virginia’s Cell Phone-Use & Texting-While-Driving Laws

West Virginia's "Electronically Distracted Driving Act" generally prohibits all drivers from text messaging or talking on a cell phone while operating a vehicle. Here are the specifics, including the fines for a distracted driving ticket.

West Virginia's Distracted Driving (Texting and Cell Phones) Laws

West Virginia has an expansive distracted driving law that covers all electronic device use while driving.

Devices that Are Subject to West Virginia's Distracted Driving Law

West Virginia's distracted driving law defines "wireless telecommunication device" to include:

• cell phones
• portable telephones
• text-messaging devices
• personal digital assistants
• stand-alone computers such as tablets, laptops, and notebook computers
• hand-held GPS devices, and
• devices capable of displaying videos, movies, television, or visual images.

Although this list is fairly comprehensive, the law also says the definition includes all "substantially similar" portable wireless devices that are used to initiate or receive communications, information, or data. In other words, the law doesn't leave much wiggle room.

The law does, however, contain exceptions for communication devices used by bus drivers and first responders and commercial two-way radios.

West Virginia's Texting, Cell Phone, and Device Use Restrictions

West Virginia's distracted driving law makes it illegal to drive or operate a vehicle while:

• text messaging
• physically holding or supporting with any part of the body a wireless communication device or stand-alone electronic device (doesn't apply to wearing a smartwatch)
• making any communication involving a wireless communication device, including phone calls
• engaging in any form of electronic data retrieval or electronic data communication on a wireless telecommunications device or stand-alone electronic device
• manually entering letters, numbers, or symbols into any website, search engine, or application on a wireless telecommunications device or stand-alone electronic device
• watching a video or movie on a wireless telecommunications device or standalone electronic device other than watching data related to the navigation of such vehicle
• recording, posting, sending, or broadcasting video, including a video conference on a wireless telecommunications device or stand-alone electronic device
• playing any game on a wireless telecommunications device or stand-alone electronic device, or
• engaging in any actions involving any stand-alone electronic device or wireless telecommunications device that distracts such driver from the safe operation of the vehicle.

The distracted driving restrictions are applicable even when a motorist is temporarily stopped because of traffic or red signals. To lawfully use a cell phone or other electronic device, the driver must park in a location where it's safe to remain stationary.

However, these restrictions don't apply to using a device in hands-free modes while operating a vehicle.

Penalties for Distracted Driving in West Virginia

The penalties for a distracted driving violation depend on the circumstances, including the driver's record and whether the violation involved property damage, injuries, or deaths.

Penalties for Standard Distracted Driving Tickets in West Virginia

Distracted driving violations are misdemeanors in West Virginia. The fines for a distracted driving violation are:

• up to $100 for a first offense
• up to $200 for a second offense within a two-year period, and
• up to $350 for a third or subsequent offense within a two-year period.

The Division of Motor Vehicles will assess demerit points to a driver's record only for third and subsequent convictions. The judge also has the option of suspending the driver's license for up to 90 days for a third or subsequent conviction.

Penalties for Distracted Driving Violations Involving Property Damage

Distracted driving violations that involve property damage generally carry up to 30 days in jail and $100 to $500 in fines.

Penalties for Distracted Driving Violations Serious Injuries

Distracted driving violations that involve serious physical harm to another person generally carry up to 120 days in jail, $500 to $1,000 in fines, and a one-year license revocation.

Penalties for Distracted Driving Violations Involving Deaths

If a distracted driving offense contributes to the death of another person, the driver will likely face negligent vehicular homicide charges. A conviction carries up to a year in jail, $500 to $1,000 in fines, and a one-year license revocation.