Driving Tests

West Virginia Level 1 Permit at 15: Hours, Passengers, School Rules

informational·how to guide·Published October 1, 2026

How do I get a West Virginia Level 1 instruction permit at 15, and what are the driving rules?

You can get a West Virginia Level 1 instruction permit at 15 with a parent or guardian's written consent. You must pass the vision test and the written knowledge test ($7.50 per knowledge test attempt). You then drive only from 5 a.m. to 10 p.m., with a licensed driver 21 or older as the only other front-seat occupant and no more than two non-family passengers.

Where the West Virginia permit rules come from

The Level 1 rules are in West Virginia Code section 17B-2-3a, the graduated driver license law. The West Virginia DMV graduated licensing page lists the steps for applicants. The school rule is in West Virginia Code section 18-8-11. The test details come from the West Virginia Driver's Licensing Handbook and from West Virginia Code sections 17B-2-6 and 17B-2-7. This guide is current as of 2026. Confirm the rules with the West Virginia Division of Motor Vehicles (dmv.wv.gov) before you drive.

How to get a West Virginia Level 1 permit

1
Check your age
The Level 1 permit is for applicants at least 15 and under 18. Every driver under 18 needs a graduated driver's license (GDL), and the Level 1 instruction permit is the first of its three levels.
2
Get a parent or guardian to consent
A parent or guardian with custody signs a written, acknowledged consent. The DMV says this person must sign your application before you can be tested.
3
Bring proof of your birth date
Show a certified copy of your birth certificate or a valid U.S. passport.
4
Pass the tests and pay the fee
Driver examiners give the vision test and the written knowledge test at DMV designated locations. You pass the vision screening with 20/40 or better using both eyes, with or without glasses or contacts, and no serious visual defect. The fee is $7.50 (U.S. dollars) for one attempt at the knowledge test. The law also requires you to complete the driving under the influence awareness program.
5
Get your red permit card
Applicants aged 15 to 17 receive a permit card that is vertical and color-coded red.

Level 1 permit rules at a glance

Level 1 permit rules at a glance
Topic	What the law requires
Supervisor	A licensed driver 21 or older, or a driver's education or driving school instructor on duty. This person is fully alert and unimpaired.
Front seat	The supervisor is the only other occupant of the front seat.
Other passengers	No more than two additional passengers, unless they are family members.
Hours	5 a.m. to 10 p.m.
Safety belts	All occupants use safety belts.
Alcohol	No measurable blood alcohol content.
Wireless device	Under 18, none while driving, except to contact 9-1-1.

When can a Level 1 permit holder drive, and who can ride along?

A permit holder drives only between 5 a.m. and 10 p.m., even with a parent in the passenger seat. The practice question about a Level 1 driver whose school play ends at 10:30 p.m. shows the rule.

The supervisor takes the front passenger seat alone, so other riders sit in the back. Up to two passengers who are not family members may ride along. Family members do not count toward that limit. Another practice question asks how many friends may ride with a 15-year-old permit holder.

Can I use my phone on a Level 1 permit?

No. A Level 1 driver under 18 may not use a phone or any other wireless communication device while driving. The only exception is a call to 9-1-1. The DMV lists phone use and texting as a primary offense for Level 1 drivers: police may stop you for it.

The school rule: who it covers and what counts as a withdrawal

A permit holder must stay enrolled in school and make satisfactory academic progress, or otherwise show compliance with section 18-8-11.
Section 18-8-11 applies to students at least 15 but under 17.
A "withdrawal" is more than 10 consecutive or 15 total days of unexcused absence in a school year, or certain suspensions under section 18A-5-1a.
"Satisfactory academic progress" means grades and course work that allow graduation in five years or by age 19, whichever is earlier.
No notice goes to the DMV when the cause is beyond your control, such as medical reasons, family responsibilities or the need to support yourself or another person.
No notice goes to the DMV when you leave to transfer to another school and a parent or guardian confirms the transfer in writing.

What happens to the permit if you fall short at school

Your school reports a withdrawal or a lack of satisfactory progress

The school must tell the DMV within five days of a withdrawal. The DMV then sends you a notice: on the 30th day after it, the permit is restricted to driving for work or medical purposes, or educational or religious pursuits, unless the DMV receives proof of compliance first.

You think the cause was beyond your control

The notice tells you that you may have a hearing before the county superintendent of schools (or a designee, or the private school official) on that question.

The permit is restricted

The DMV may not reinstate it until you return to school and show satisfactory academic progress, or until you turn 17.

A driver's education instructor gave you the knowledge test

If you pass a knowledge test that a driver's education instructor gives under the state rule, you are exempt from the proof of school enrollment requirement.

What happens if you break the permit rules?

A violation of the Level 1 terms is a misdemeanor.
The fine is $25 for a first offense, $50 for a second offense and $75 for a third or later offense.
The DMV revokes the permit on a second final conviction for a moving violation or for a violation of the permit conditions.
After a revocation, you cannot retest for 90 days.

How long does the permit last?

The permit is valid until 30 days after your 18th birthday, and it is not renewable. For an active member of the U.S. military, it is valid until 180 days after the 18th birthday. If it expires before you pass the road skills test, and you committed no offense that requires suspension, revocation or cancellation, you may reapply for a new instruction permit.

The knowledge test and what comes next

The knowledge test has at least 25 questions, and you must answer 19 correctly to pass. The test has a time limit, and the West Virginia knowledge test guide covers the format in more detail. If you fail, you cannot take the test again within one week.

The next step is the Level 2 intermediate license, available at 16 after a road skills test. The Level 2 intermediate license rules explain that step.

Key takeaways

You can get a West Virginia Level 1 instruction permit at 15 with a parent or guardian's written consent, a certified birth certificate or U.S. passport, and a pass on the vision and knowledge tests.
The fee is $7.50 and pays for one attempt at the knowledge test.
Drive only from 5 a.m. to 10 p.m., with a supervisor 21 or older as the only other front-seat occupant and no more than two non-family passengers.
Everyone wears a safety belt, you have no measurable alcohol, and you use no wireless device under 18 except to call 9-1-1.
Stay in school and make satisfactory progress, or the DMV can restrict your permit.
Next step: practice on the free West Virginia Class E practice test.

West Virginia Level 1 permit: common questions

Can I get a Level 1 permit without parent consent if I am married?

Yes. Married applicants under 18 do not need parental consent, but they must show a copy of a certified marriage certificate. You still need the Level 1 permit and the rest of the graduated license steps, because the law requires a graduated driver's license for every driver under 18.

Does my supervisor have to be a parent?

No. Any licensed driver who is 21 or older can supervise you, and so can a driver's education or driving school instructor who is on duty as an instructor. The supervisor must be fully alert and unimpaired, and must be the only other person in the front seat.

Can I drive home from work or a school event after 10 p.m. on a Level 1 permit?

No. The Level 1 law allows driving only from 5 a.m. to 10 p.m., with your supervisor, and lists no exception. The exceptions for work, school-sanctioned activities, religious events and emergencies are in the Level 2 rules, for night driving between 10 p.m. and 5 a.m.

What happens to my permit if I am suspended from school?

Certain suspensions under section 18A-5-1a count as a withdrawal, and a suspension or expulsion is not a circumstance beyond your control. If you are 15 or 16, the school reports it to the DMV, and your permit can be restricted to driving for work, medical, educational or religious purposes.

How long do I need my Level 1 permit before I can get a Level 2 license?

You must hold it conviction-free for the 180 days just before you apply, and be at least 16. You also need a state-approved driver's education course, or 50 hours behind the wheel with at least 10 at night, certified by a parent, guardian or other responsible adult over 21. Then you pass the road skills test.