The Legal Risks of Distracted Driving in West Virginia

September 12th, 2025

Distracted driving remains a serious legal and safety concern across West Virginia. Under West Virginia Code § 17C-14-15, also known as the Electronically Distracted Driving Act, the state imposes strict prohibitions on the use of electronic devices while driving, with escalating penalties for violations that can have lasting consequences.

What’s Prohibited?

West Virginia law prohibits drivers from engaging in a wide range of distracting behaviors, including:

Physically holding or supporting any wireless communication device or stand-alone electronic device, although wearing a smartwatch is allowed.
Writing, sending, or reading texts, emails, social media messages, or other text-based communications unless using a hands-free, voice-to-text feature.
Making phone calls, accessing data, entering text, watching videos (unless for navigation), playing games, or broadcasting video from these devices.

These prohibitions also apply to school bus drivers, except when communicating with safety officials via a two-way radio.

Penalties and Serious Consequences

Violating distracted driving laws in West Virginia is a misdemeanor, with penalties increasing upon repeat offenses within a 24-month period:

First conviction: Up to $100 fine.

Second conviction: Up to $200.

Third or subsequent conviction: Up to $350, plus 3 demerit points, and a possible 90-day license suspension.

The stakes are far higher when distracted driving results in harm:

Causing property damage: Misdemeanor, up to 30 days in jail or $100-$500 fine.
Causing serious physical harm to another: Misdemeanor, $500-$1,000 fine, up to 120 days in jail, and one-year license revocation.
Causing death: Subject to vehicular homicide prosecution under West Virginia Code § 17C-5-1

This law also mandates signage on highway entry points reminding drivers that texting or using devices without hands-free tools is illegal.

Know the Law and Protect Yourself

Distracted driving is not only dangerous, but it also carries long-term legal and financial consequences. Law enforcement across the state continues to crack down, especially during awareness campaigns like U Drive. U Text. U Pay.

Whether you’ve been cited for distracted driving or injured by someone else’s negligence behind the wheel, knowing your rights is critical.

At Bordas & Bordas, we understand how a distracted driving case can turn your life upside down. If you’ve been injured by a distracted driver or are facing charges yourself, our experienced legal team is here to help you. We’ve handled countless motor vehicle cases across West Virginia and know how to protect your rights.