Your Phone Behind The Wheel
W. Va. Code § 17C-14-15 — no holding it, no texting, calls only hands free
- Hold or support a phone or other device with any part of the body, though a smartwatch may be worn.
- Write, send or read a text, email, message or social media post, other than by voice that the device turns into text.
- Make a call or voice message, other than hands free.
- Enter letters into an app or website, watch a video other than navigation, record or broadcast video, or play a game.
Those are things a driver on a street, highway or property open to traffic may not do. A hands free feature may be started or ended with a single touch or swipe.
| Within 24 months | The penalty |
|---|---|
| Within 24 monthsFirst | The penaltyA fine of not more than $100 |
| Within 24 monthsSecond | The penaltyA fine of not more than $200 |
| Within 24 monthsThird or later | The penaltyA fine of not more than $350, three points, and a possible suspension of 90 days |
| Within 24 monthsDamage to property | The penaltyUp to 30 days in jail or a fine of $100 to $500 |
| Within 24 monthsSerious harm to a person | The penaltyA fine of $500 to $1,000, up to 120 days in jail, or both, and revocation for one year |
The exceptions. The rules do not apply to a driver reporting a crash, a medical emergency, a fire, a crime or a dangerous road condition, or to someone in a lawfully parked car. The section does not let police seize a phone.
A death caused this way can be charged as vehicular homicide. A particular charge is a question for a licensed West Virginia attorney.
Sources for this section (1)
- W. Va. Code § 17C-14-15 — Electronically Distracted Driving Act
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed West Virginia attorney.