In 2013, West Virginia made its distracted driving law a primary offense. Drivers caught texting and driving will have to pay a $100 fine for a first offense. Second offenses carry a $200 fine, and any offenses after that come with a $300 fine plus three points against a driver’s record.
Distracted driving causes 26% of all traffic accidents in West Virginia
—almost a quarter of those incidents involve cell phone use while driving. In 2015, law enforcement ticketed 7,537 drivers for distracted driving. Texting and driving is especially prevalent in these cases, which is why West Virginia’s laws concerning distracted driving are particularly serious. Car insurance super app Jerry
is here to guide you through the details of West Virginia’s texting and driving laws so you can avoid getting a ticket for distracted driving. 
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Start earning nowWhat are the texting and driving laws in West Virginia?
In West Virginia, texting and driving or any hand-held use of your cell phone is a primary offense. If you’re using your phone to send a message, watch a video, or post to social media while driving, an officer can pull you over and issue you a ticket for texting and driving.
Of all the different types of distracted driving, texting and driving is particularly dangerous. Using your phone while driving involves all three of the categories of distraction:
Visual distraction: instead of keeping your eyes on the road, you turn your attention to your phone screen.
Manual distraction: instead of keeping both hands on the wheel, you use one or even both hands to interact with your phone.
Cognitive distraction: instead of keeping your full attention on driving safely, you think about what is on your phone, whether it’s a message, an ad, or an article.
To avoid these distractions, you can use your phone’s hands-free or voice-activated features. Most drivers are still allowed to make phone calls while driving—as long as you are not holding your phone or looking at the screen.
What are the penalties for texting and driving in West Virginia?
Depending on the number of texting and driving tickets you already have on your record, penalties include hefty fines and points on your driving record. For your first offense, you’ll be expected to pay a $100 fine.
To see how the penalties are applied based on the number of texting and driving infractions, check out the table below.
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Any offense for minors and learners | Any cell phone usage while driving | | |
First and second offenses will not add any points to your driving record. However, any offenses after that will add three points to your record. Drivers with learner’s licenses need to be especially careful as any phone usage—even while in hands-free mode—can land you with fines and points.
In West Virginia, 12 points on your license within a 24-month period will result in your license being suspended.
Are there exceptions to West Virginia’s texting and driving law?
Yes. Generally, all working emergency personnel are exempt from West Virginia’s distracted driving laws.
Drivers in the following situations may use a cell phone while driving:
Touching the screen to launch or close a hands-free feature
Using voice-to-text features
Reporting a fire, road hazard, accident, or medical emergency
Radio communication is permitted while driving
For the most part, West Virginia does not allow hand-held use of a cellphone while driving. If you feel tempted to text when you’re on the road, shut off your phone, place it somewhere out of reach, or set it to “do not disturb.”
Are there special rules about texting and driving for young drivers?
In West Virginia, minors and drivers with learner’s licenses are not allowed to use their phones at all while driving. Even if you’re using the voice-activated or hands-free options, you can still be issued a ticket for texting and driving.
Key Takeaway Any hand-held use of a cell phone while driving is illegal for all drivers in West Virginia. Emergency personnel are the only exception.
Can texting and driving raise my insurance rates?
As with any traffic citation, texting and driving will likely increase your insurance rates. The average driver in West Virginia pays $1,566 a year for their car insurance. After a texting and driving citation, a driver will see an average increase of 17%—bringing their yearly total up to around $1,835.
To keep your insurance rates low and your driving record clean, you can avoid distracted driving by putting away your phone. Most modern cars are equipped with Bluetooth technology that allows you to use the hands-free options on your phone with ease.
And if you absolutely need to use your phone while driving, you can always pull over—safely managing your phone use while driving can save you a lot of money and can help keep the roads safe for everyone, including yourself.
How to save money on car insurance in West Virginia
Speaking of saving money, you could be saving on your car insurance by using Jerry
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“I recently started looking for insurance. With my past ticket, I got rejected from several companies while others charged me extreme prices. My friend referred me to Jerry
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