West Virginia Reckless Driving Laws: Penalties, Points and Speed

West Virginia makes reckless driving a misdemeanor under W. Va. Code 17C-5-3: driving "in willful or wanton disregard for the safety of persons or property" carries 5 to 90 days in jail, a fine of $25 to $500, or both for a first conviction, with higher ranges for a second conviction and for a crash that causes serious bodily injury. No West Virginia statute makes a particular speed reckless driving, and for a driver 18 or older or holding a full license, a reckless driving conviction adds 6 points under the Division of Motor Vehicles point rule.

Information last verified on 2026-10-25. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers West Virginia state statutes on reckless driving (W. Va. Code 17C-5-3), the speed rules in Article 6 of Chapter 17C, racing, fleeing an officer in a vehicle, the license consequences in Chapter 17B and the DMV point rule, and driving without a valid license. It does not cover DUI penalties (see West Virginia DUI laws), vehicular homicide (see West Virginia manslaughter laws), leaving the scene of a crash (see West Virginia hit-and-run laws), city or county ordinances, or federal and commercial-driver rules beyond a short note. For other states, see reckless driving laws by state.

What is reckless driving in West Virginia?

Section 17C-5-3(a) of the West Virginia Code defines the offense and lists the places it reaches:

"(a) Any person who drives any vehicle upon any street or highway, or upon any residential street, or in any parking area, or upon the ways of any institution of higher education, whether public or private, or upon the ways of any state institution, or upon the property of any county boards of education, or upon any property within the state park and public recreation system established by the Director of the Division of Natural Resources pursuant to §20-4-3 of this code in willful or wanton disregard for the safety of persons or property is guilty of reckless driving." W. Va. Code 17C-5-3(a)

The offense has two parts: driving a vehicle in one of those places, and doing it with willful or wanton disregard for the safety of people or property. The section does not list specific acts, so the question is the driver's conduct and state of mind. Because "any parking area" is on the list, the section is not limited to public roads.

Section 17C-5-3(b) carves out two kinds of places. Subsection (a) "does not apply to those areas which have been temporarily closed for racing sport events or which may be set aside by the Director of the Division of Natural Resources within the state park and recreation system for exclusive use by motorcycles or other recreational vehicles."

The privileges given to emergency vehicles do not displace this standard. Section 17C-2-5(d) provides that the privileges given to authorized emergency vehicles do not "relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his reckless disregard for the safety of others."

Is reckless driving a misdemeanor in West Virginia? Penalties

Yes. Section 17C-5-3(c) provides:

"(c) Every person convicted of reckless driving is guilty of a misdemeanor and, upon a first conviction thereof, shall be confined in jail for a period of not less than five days nor more than 90 days, or fined not less than $25 nor more than $500, or both fined and confined, and upon conviction of a second or subsequent conviction thereof, shall be confined in jail not less than 10 days nor more than six months, or fined not less than $50 nor more than $1,000, or both fined and confined." W. Va. Code 17C-5-3(c)

Read closely, that gives two tiers:

• First conviction: 5 to 90 days in jail, a fine of $25 to $500, or both.
• Second or later conviction: 10 days to six months in jail, a fine of $50 to $1,000, or both. The subsection sets no look-back period, so it does not limit which earlier reckless driving convictions count toward the second tier.

Section 17C-5-3 sets its own jail and fine ranges rather than referring to a lettered class. For how West Virginia sorts offenses into felonies and misdemeanors, see West Virginia felony and misdemeanor classes.

Reckless driving causing serious bodily injury

Section 17C-5-3(d) adds a higher tier when someone is hurt:

"(d) Notwithstanding the provisions of subsection (c) of this section, any person convicted of a violation of subsection (a) of this section who in doing so proximately causes another to suffer serious bodily injury shall, upon conviction, be confined in jail not less than 30 days nor more than one year or fined not less than $50 nor more than $1,000, or both fined and confined." W. Va. Code 17C-5-3(d)

Subsection (e) defines "serious bodily injury" for that purpose as "bodily injury which creates a substantial risk of death, which causes serious or prolonged disfigurement, prolonged impairment of health or prolonged loss or impairment of the function of any bodily organ."

The injury tier still sits inside the reckless driving section and carries jail rather than prison time. Section 17C-5-3 has no felony form and no tier for a death. A death caused by reckless driving is the subject of the vehicular homicide section, covered below.

How fast is reckless driving in West Virginia?

No West Virginia statute makes a specific speed reckless driving by itself. The reckless driving section turns on willful or wanton disregard, not on a number, and Article 6 of Chapter 17C, the speed article, contains no separate criminal-speed or reckless-speed offense.

The basic speed rule is in Section 17C-6-1(a): "No person may drive a vehicle on a highway at a speed greater than is reasonable and prudent under the existing conditions and the actual and potential hazards." The same subsection requires drivers to control speed "as necessary to avoid colliding with any person, vehicle, or other conveyance."

Speeding is a misdemeanor with its own fine ladder under Section 17C-6-1(e):

• a fine up to $100 for a first conviction;
• up to $200 for a second conviction within one year;
• up to $500 for a third or later conviction within two years; and
• if that third or later conviction involved driving 15 mph or more over the limit, a fine up to $500, up to six months in jail, or both.

School-zone speeding under Section 17C-6-1(f) carries a fine of $100 to $500, and if the driver exceeded the limit by 15 mph or more "in the presence of one or more children," up to six months in jail is added as an option.

A 2026 bill would have changed the reckless driving definition. House Bill 4829 proposed adding a driver "who operates any vehicle at speeds in excess of 30 miles per hour over the posted speed limit" to Section 17C-5-3(a). It was introduced and referred to the House Judiciary Committee on January 26, 2026, with no further action. It is not law.

Reckless driving points and license consequences in West Virginia

Points

The Division of Motor Vehicles point rule, 91 CSR 5 (effective April 9, 2025), assigns point values in section 7.2. The table applies when a licensee "who has reached the age of 18 years or older or has obtained a level three full license" is convicted. Relevant values include:

Points lead to suspension only when they add up. Under section 7.8 of the rule, a licensee who accumulates 12 to 13 points faces a 30-day suspension, and the periods rise through 45, 60 and 90 days to 120 days at 20 or more points. Section 7.9 provides that the Division "shall remove the points assessed for a conviction two years from the date of the conviction." One reckless driving conviction, at 6 points, does not by itself reach the 12-point level. Section 7.8.g of the rule provides that, in lieu of a point suspension and any reinstatement fee, a licensee may pay a $200 penalty fee before the suspension takes effect, if the licensee has not used that alternative in the prior two years.

For a level two intermediate (graduated) licensee, Section 17B-2-3a(d)(2)(H) requires the DMV, on a second conviction for a moving traffic violation, to revoke or suspend the license for the applicable statutory period or until the 18th birthday, whichever is longer; on a first conviction, Section 17B-2-3a(d)(2)(G) requires the licensee to enroll in an approved driver improvement program.

Mandatory revocation after three reckless driving convictions

Section 17B-3-5 lists convictions that require the DMV to revoke a license. Subdivision (5) covers:

"(5) Conviction, or forfeiture of bail not vacated, upon three charges of reckless driving committed within a period of 24 months;" W. Va. Code 17B-3-5(5)

If the driver had not reached 19 at the time of the conduct, Section 17B-3-5 extends the revocation until the driver's 19th birthday or the applicable statutory period, whichever is longer.

The point rule ties into this. Section 7.7 of 91 CSR 5 provides that the Division "assesses points for reckless driving convictions unless three convictions occur within a period of 24 months. In these cases, the licensee is subject to the mandatory revocation in accordance with W.Va. Code §17B-3-5(5)."

Discretionary suspension

Section 17B-3-6(a) lets the DMV act against a licensee in listed situations, including one who:

• "(2) Has by reckless or unlawful operation of a motor vehicle, caused or contributed to an accident resulting in the death or personal injury of another or property damage;"
• "(3) Has been convicted with such frequency of serious offenses against traffic regulations governing the movement of vehicles as to indicate a disrespect for traffic laws and a disregard for the safety of other persons on the highways;"
• "(4) Is an habitually reckless or negligent driver of a motor vehicle;"

West Virginia has no separate habitual traffic offender statute in Articles 3 and 4 of Chapter 17B; frequency is handled through Section 17B-3-5(5) and these subdivisions. If a crash is involved, the civil side is covered in West Virginia car accident laws.

Separately, Section 17B-3-3a requires the DMV to suspend a license on notice from a magistrate or municipal court that the person "has failed to respond or appear in court when charged with a motor vehicle violation."

Commercial drivers

West Virginia's commercial driver chapter lists "Reckless driving as defined in section three, article five, chapter seventeen-c of this code and careless or negligent driving" among the serious traffic violations (W. Va. Code 17E-1-3). Under federal rule 49 C.F.R. 383.51, a second serious-violation conviction within three years disqualifies a CDL holder for 60 days and a third for 120 days, and a conviction in a non-commercial vehicle counts only if it results in a revocation, cancellation or suspension of the license or non-commercial driving privileges; the reckless driving laws by state hub covers the federal layer.

Careless driving in West Virginia

Chapter 17C contains no careless-driving, negligent-driving or aggressive-driving offense. Its Articles 5 and 6 have reckless driving, the speed rules and racing, but no lesser careless offense of the kind other states have.

The nearest equivalent is the reasonable-and-prudent speed rule in Section 17C-6-1(a). The DMV point table lists a 17C-6-1 conviction for "Driving too fast for conditions, failure to keep vehicle under control or hazardous driving" at 3 points, and it is punished under the Section 17C-6-1(e) fine ladder described above.

The phrase "careless or negligent driving" does appear in the commercial-driver chapter (17E-1-3 and 17E-1-13), but only as a category of serious traffic violation for CDL purposes, not as a standalone offense. Where a Chapter 17C section sets no penalty of its own, Section 17C-18-1 supplies one: a fine up to $100 or up to 10 days for a first conviction, up to $200 or 20 days for a second within one year, and up to $500 or six months for a third or later.

Racing and street takeovers in West Virginia

Section 17C-6-8(a) provides that "It is unlawful for any person to engage in, or aid or abet by serving as lookout or timer or in any other capacity whatever, any speed race, as defined herein, on any public street or highway in this state." Lookouts, timers and other helpers are covered along with the drivers.

The penalties under Section 17C-6-8(b) step up with each offense:

• First offense: a misdemeanor with a fine of $50 to $100 (no jail term).
• Second offense: a fine of $50 to $500, 6 to 60 days in jail, or both.
• Third or later offense: a fine of $100 to $1,000, 60 days to four months in jail, or both.

The license consequence is heavier than the fine. Section 17C-6-8(c) requires the DMV commissioner, once a racing conviction is final, to "forthwith" revoke the license:

• for six months for a first offense;
• for two years for a second offense within a two-year period; and
• for five years for a third or later offense within a five-year period.

Articles 5 and 6 of Chapter 17C contain no separate street-takeover, exhibition-of-speed or drifting offense; Section 17C-6-8 is the speed-contest section. Conduct of that kind is measured against the racing section and the reckless driving section.

Fleeing an officer in a vehicle

West Virginia grades fleeing an officer in a vehicle in Section 61-5-17. Under subsection (e), a person who "intentionally flees or attempts to flee in a vehicle" from a law-enforcement, probation or parole officer "after the officer has given a clear visual or audible signal directing the person to stop" is:

• for a first offense, guilty of a misdemeanor with a fine of $500 to $1,000 and up to one year in jail;
• for a second offense, guilty of a felony with a fine of $1,000 to $2,000, one to three years in a state correctional facility, or both; and
• for a third or later offense, guilty of a felony with a fine of $2,000 to $5,000 and two to five years in a state correctional facility.

The repeat-offense tiers in Section 61-5-17 came from 2025 Senate Bill 138, in effect June 12, 2025.

Subsection (f) makes flight a felony from the first offense when the driver "operates the vehicle in a manner showing a reckless indifference to the safety of others," with a fine of $1,000 to $2,000 and one to five years in a state correctional facility. Flight that causes bodily injury is a felony carrying three to 10 years (61-5-17(h)), and flight that causes a death is a felony carrying five to 15 years (61-5-17(i)). Each of these forms has higher second and third-offense tiers: under (f), two to 10 years for a second offense and three to 15 years for a third; under (h), five to 10 and five to 15 years; under (i), 15 years to life and life. Flight that damages property is a misdemeanor for a first offense with a $1,000 to $3,000 fine and six months to one year in jail, and a felony for a second or later offense (61-5-17(g)). Flight while under the influence of alcohol, controlled substances or drugs is a felony carrying three to 10 years for a first offense, five to 15 years for a second and 10 to 20 years for a third or later (61-5-17(j)). The DMV point table assigns fleeing from an officer in a vehicle 8 points.

Is there a wet reckless in West Virginia?

The West Virginia DUI sections 17C-5-2, 17C-5-2b, 17C-5-7 and 17C-5-7a contain no provision on a reckless driving plea in a DUI case and do not count a reckless driving conviction as a prior DUI offense. The only reckless language in the DUI license provisions is in Section 17C-5A-3A, which sets longer minimum periods before the test-and-lock program (DUI license revocation provisions) when a death is caused "in reckless disregard of the safety of others" and alcohol or drugs contributed.

For DUI penalties and the test-and-lock program, see West Virginia DUI laws.

Driving without a license in West Virginia

West Virginia separates three situations.

No valid license. Section 17B-2-1 makes it unlawful to drive without a valid license for the class of vehicle. Under subsection (i), a violation is a misdemeanor with a fine up to $500, and "upon a second or subsequent conviction, shall be fined not more than $500 or confined in jail not more than six months, or both fined and confined."

License not in your possession. Section 17B-2-9(b) makes failing to have the license a misdemeanor with a fine up to $500, with this proviso: "no person charged with violating this section shall be convicted if such person produces in court or at the office of the arresting officer a driver's license issued to such person and valid at the time of such person's arrest."

Suspended or revoked license. Section 17B-4-3(a) sets the general ladder for driving on a public highway while the privilege "has been lawfully suspended or revoked": a misdemeanor with a fine of $100 to $500 for a first or second offense, and 30 to 90 days in jail plus a fine of $150 to $500 for a third or later offense. Subsection (b) is stricter when the revocation was for DUI or refusing a chemical test: 30 days to six months in jail and a $100 to $500 fine for a first offense, six months to one year and a $1,000 to $3,000 fine for a second, and a felony carrying one to three years in a state correctional facility and a $3,000 to $5,000 fine for a third or later offense.

West Virginia reckless driving and related offenses: penalty table

Each section states its own jail and fine range and says whether the offense is a misdemeanor or a felony. For the full picture of how West Virginia classifies offenses, see West Virginia felony and misdemeanor classes.

Vehicular homicide in West Virginia

A death caused by driving "in reckless disregard for the safety of others" is vehicular homicide under W. Va. Code 17C-5-1, rewritten in 2025; see West Virginia manslaughter laws for its tiers and penalties.

Recent changes to West Virginia reckless driving law

• 2025: House Bill 2871 (in effect July 10, 2025). The act re-enacted Section 17C-5-3 with the elements and penalty ranges quoted above, restructured Section 17C-5-1 into vehicular homicide, aggravated vehicular homicide and school-zone and construction-zone forms.
• 2025: Senate Bill 138 (in effect June 12, 2025). The act created second and third-or-later offense tiers for fleeing from an officer in Section 61-5-17, including the felony repeat tiers for fleeing in a vehicle, and extended the period for which prior convictions may be used.
• 2025: DMV point rule. The current version of 91 CSR 5 took effect April 9, 2025.
• 2026: House Bill 4829 (not law). The bill to make driving more than 30 mph over the posted limit reckless driving was referred to the House Judiciary Committee on January 26, 2026, with no further action.

Related West Virginia laws

• Reckless driving laws by state
• West Virginia DUI laws
• West Virginia manslaughter laws
• West Virginia felony and misdemeanor classes
• West Virginia hit-and-run laws
• West Virginia expungement laws
• Virginia reckless driving laws
• Ohio reckless driving laws

This article is general legal information about West Virginia law, not legal advice. For a specific situation, contact a lawyer licensed in West Virginia, or the West Virginia Division of Motor Vehicles for driver's license questions.

Last updated: 2026-10-25.

Frequently Asked Questions

Is reckless driving a misdemeanor in West Virginia?

Yes. W. Va. Code 17C-5-3(c) makes it a misdemeanor: 5 to 90 days in jail, a $25 to $500 fine, or both for a first conviction, and 10 days to six months, a $50 to $1,000 fine, or both for a second or later conviction.

Can reckless driving be a felony in West Virginia?

Section 17C-5-3 has no felony form. Its highest tier, reckless driving that proximately causes serious bodily injury, carries 30 days to one year in jail, a $50 to $1,000 fine, or both. A death is charged under the vehicular homicide section, 17C-5-1.

How fast is reckless driving in West Virginia?

No statute makes a specific speed reckless driving in West Virginia. HB 4829 (2026), which would have added driving more than 30 mph over the limit, was referred to the House Judiciary Committee and is not law.

How many points is reckless driving in West Virginia?

Six points under the DMV rule 91 CSR 5, section 7.2, for drivers 18 or older or holding a full license. The rule suspends a license at 12 or more points, from 30 days up to 120 days at 20 or more, and removes points two years after the conviction. Section 7.8.g lets a licensee pay a $200 penalty fee instead of a point suspension, once in any two-year period.

Does reckless driving suspend your license in West Virginia?

Three reckless driving convictions (or unvacated bail forfeitures) for charges committed within 24 months require revocation under 17B-3-5(5). The DMV may also suspend a habitually reckless or negligent driver under 17B-3-6(a)(4). For a level two intermediate licensee, a second moving-violation conviction requires revocation or suspension until the 18th birthday or the statutory period, whichever is longer (17B-2-3a(d)(2)(H)).

Does West Virginia have careless driving?

No. Chapter 17C has no careless-driving offense. The closest DMV entry is driving too fast for conditions, failure to keep a vehicle under control or hazardous driving under 17C-6-1, worth 3 points.

Does West Virginia have a wet reckless?

The DUI sections 17C-5-2, 17C-5-2b, 17C-5-7 and 17C-5-7a contain no provision on a reckless driving plea in a DUI case and do not count reckless driving as a prior DUI offense.

Is street racing illegal in West Virginia?

Yes. Section 17C-6-8 bans engaging in or aiding a speed race on a public street or highway. A first offense is a $50 to $100 fine, and the DMV must revoke the license for six months; repeat offenses add jail and longer revocations.

What is the penalty for driving without a license in West Virginia?

Driving without a valid license is a misdemeanor under 17B-2-1(i) with a fine up to $500; a second or later conviction allows up to six months in jail as well. Driving while suspended or revoked is punished separately under 17B-4-3.