Driving Tests

West Virginia Level 2 License: 10 p.m. Curfew, Passengers, 50 Hours

informational·how to guide·Published September 27, 2026

What are the rules for a West Virginia Level 2 intermediate license?

You can get a West Virginia Level 2 intermediate license at 16 after 180 conviction-free days on Level 1, 50 hours of driving (10 at night) or an approved driver's education course, and a road skills test. You may drive alone from 5 a.m. to 10 p.m. Passengers under 20 who are not family: none for six months, then one. No phone use under 18, except to call 9-1-1.

Where the West Virginia Level 2 rules come from

The rules come from West Virginia Code section 17B-2-3a, the West Virginia DMV Graduated Driver License page and the West Virginia Driver's Licensing Handbook. The test, seat belt, alcohol and school rules also come from West Virginia Code sections 17B-2-6, 17B-2-7, 17C-15-49, 17C-5-2 and 18-8-11. This guide is current as of 2026. Where the DMV page or the Handbook words a rule differently from the law, this guide follows the law. Confirm the rules with the West Virginia Division of Motor Vehicles (dmv.wv.gov) before you drive.

How to get the Level 2 license

1
Check your age and your Level 1 record
Be 16 or older. You must have held the Level 1 instruction permit conviction-free for the 180 days before you apply.
2
Finish the driving hours or a course
Complete a driver's education course approved by the State Department of Education, or 50 hours of behind-the-wheel driving with at least 10 hours at night. A parent, legal guardian or other responsible adult over 21 certifies the hours on the DMV form. The DMV points families to the free RoadReady phone app to log the hours.
3
Bring your papers
Each time you apply and test for Level 2, show a certified birth certificate or a valid, unexpired U.S. passport. Also bring the completed 50 hour certification form or your Driver Education Card.
4
Pass the road skills test
The fee is $7.50, and it covers one attempt. If you fail, you may not test again within one week.

What is the Level 2 curfew in West Virginia?

You may drive alone from 5 a.m. to 10 p.m. From 10 p.m. to 5 a.m., a licensed driver age 21 or older must supervise you directly. The rule does not apply when you are going to or returning from lawful employment, a school-sanctioned activity or a religious event, or when an emergency requires you to drive to prevent bodily injury or death of another person. A late trip to a friend's house is not on that list. The practice question on Level 2 night driving tests this curfew.

How many passengers can you carry on Level 2?

How many passengers can you carry on Level 2?
Time since you got Level 2	Passengers under age 20 who are not family	Family members
First six months	None	Allowed
Second six months	No more than one	Allowed

Does the passenger rule count your own brother or sister?

No. The limit covers only passengers under 20 who are not family members. In the first six months, a 16-year-old with a Level 2 license can drive a younger sister and an older brother, but not a friend under 20. In the second six months, one friend under 20 may ride along with any family members. Friends age 20 or older do not count toward the limit. The question on passengers in the first six months of Level 2 uses this case.

Other Level 2 rules

Seat belts: every person in the car must wear a safety belt. A seat belt ticket carries a $25 fine.
Alcohol: you may have no measurable blood alcohol. For any driver under 21, a first offense at 0.02% to less than 0.08% is a misdemeanor with a fine of $25 to $100 and a 60-day license suspension (or a period in the test-and-lock program).
Phone: under 18, you may not use a wireless device while you drive, except to call 9-1-1. The DMV says police can stop you for this as a primary offense. A phone citation restarts your 12-month conviction-free count for Level 3.
School: keep your school enrollment and make satisfactory academic progress. From 15 to under 17, if you withdraw or fall behind, the school notifies the DMV. Your license can then be limited to driving for work, medical needs, school or religious activities until you return to school and show progress, or turn 17.
School withdrawal means more than 10 days in a row or 15 days in total of unexcused absence in a school year, or certain school suspensions.

What happens if you get a ticket on Level 2?

You have your first conviction for a moving violation or a breach of the Level 2 terms

You must enroll in an approved driver improvement program. If the commissioner allows it, the completed program can cancel the effect of one minor traffic violation, both toward a second conviction and toward the 12-month rule for Level 3.

You have a second conviction

The DMV revokes or suspends your driving privilege for the statutory period or until your 18th birthday, whichever is longer. After 18, you may apply again for a permit and then a license, and the DMV says you pay a reinstatement fee.

You break the terms of the license

This is a misdemeanor. The fines are $25 for a first offense, $50 for a second offense and $75 for a third or later offense.

When can you move up to Level 3?

At 17, you may get a Level 3 full Class E license without another exam or road skills test. You must have held Level 2 conviction-free for the 12 months before you apply and finished any driver improvement program the law required. Until then, every Level 2 limit on this page still applies. The Level 3 full Class E license guide explains the application and the fee.

Key takeaways

Level 2 needs age 16, 180 conviction-free days on Level 1, 50 driving hours (10 at night) or an approved driver's education course, and a $7.50 road skills test.
You may drive alone from 5 a.m. to 10 p.m. Later trips need a licensed driver age 21 or older, unless you drive to or from work, a school activity, a religious event or an emergency.
Passengers under 20 who are not family: none for six months, then one for six months. Everyone in the car wears a safety belt.
No measurable alcohol, and no phone under 18 except to call 9-1-1. A first conviction means a driver improvement program; a second means revocation until at least age 18.
Next step: practice on the free West Virginia Class E practice test.

West Virginia Level 2 license: common questions

Can I drive home from work after 10 p.m. on a West Virginia Level 2 license?

Yes. Trips to or from lawful employment are one of four exceptions to the Level 2 night limit. The others are school-sanctioned activities, religious events and emergencies where you must drive to keep another person from injury or death. For any other trip between 10 p.m. and 5 a.m., a licensed driver age 21 or older must be with you.

How many hours of driving do I need for a Level 2 license in West Virginia?

At least 50 hours behind the wheel, and 10 of them must be at night. A parent, legal guardian or other responsible adult over 21 certifies them. If you finish a driver's education course approved by the State Department of Education, you do not need the 50 hours. You also need 180 conviction-free days on your Level 1 permit.

How much does the Level 2 road skills test cost in West Virginia?

The road skills test fee is $7.50, and one fee covers one attempt. If you do not pass, the examiner tells you what to practice and when to come back. You may not test again within one week, so plan your next try at least a week later.

Can I use hands-free calling on a Level 2 license in West Virginia?

No, not while you are under 18. A Level 2 driver under 18 may not use any wireless communication device while driving, except to call 9-1-1. Police can stop you for this alone, and a citation restarts your 12-month conviction-free count toward Level 3. The hands-free call question shows the rule.

Do I have to get a Level 3 license when I turn 17 in West Virginia?

No. Level 3 is the driver's choice. Once you qualify, you may apply for it, or keep your Level 2 license and follow its limits until you are 18. A Level 2 license expires no later than 30 days after your 18th birthday. On Level 3, drivers under 18 still may not use a phone, except to call 9-1-1.