Graduated Driver's License levels

Key points

1. If you surrender a Level One permit, you must hold a new one for 180 consecutive conviction free days.

   Source: PDF page 20

   “maintain the Level 1 GDL instruction permit for 180 consecutive days, conviction-free,”
   West Virginia Driver's Licensing Handbook, PDF page 20

2. A Level One permit expires on your 18th birthday, with a 30 day grace period to finish the road test.

   Source: PDF page 20

   “A Level 1 GDL instruction permit will be issued up to the applicant's 18th birthday, and will expire on the 18th birthday. However, to allow sufficient time to complete the Road Skills Examination, a 30-day grace period”
   West Virginia Driver's Licensing Handbook, PDF page 20

3. Level Two drivers may drive without a supervising adult 21 or older only between 5:00 am and 10:00 pm.

   Source: PDF page 20

   “Level 2 GDL intermediate driver's license holders may drive without a supervising, licensed adult driver who is age 21 or older between the hours of 5:00 am and 10:00 pm.”
   West Virginia Driver's Licensing Handbook, PDF page 20

4. From 10:00 pm to 5:00 am, a Level Two driver must drive with a supervising licensed adult 21 or older.

   Source: PDF page 20

   “must drive with a supervising, licensed adult driver who is age 21 or older between the hours of 10:00 pm and 5:00 am.”
   West Virginia Driver's Licensing Handbook, PDF page 20

5. In the first 6 months, a Level Two driver may carry no non family passengers under 20, and only 1 in the second 6 months.

   Source: PDF page 21

   “may not operate a motor vehicle during their first six months with any non-family members under the age of 20 as a passenger and may not operate a motor vehicle with more than one (1) non-family member under the age of 20 as a passenger during the second six (6) months.”
   West Virginia Driver's Licensing Handbook, PDF page 21

6. Level One and Level Two drivers may not have any measurable alcohol in their system and must make all occupants wear seat belts.

   Source: PDF page 21

   “may not operate a motor vehicle with any measurable alcohol in their system and must require all occupants to follow the seat belt law.”
   West Virginia Driver's Licensing Handbook, PDF page 21

7. If you surrender a Level Two license while under 18, you must start over with a Level One permit.

   Source: PDF page 21

   “If you surrender your Level 2 GDL intermediate driver's license for any reason and are under the age of 18, you must start over with a Level 1 GDL instruction permit.”
   West Virginia Driver's Licensing Handbook, PDF page 21

8. Drivers under eighteen may not use a wireless device while driving, except to contact a 9-1-1 system.

   Source: PDF page 21

   “use a wireless communication device while operating a motor vehicle, unless the cell phone is used for contacting a 9-1-1 system”
   West Virginia Driver's Licensing Handbook, PDF page 21

9. A Level Three license requires 12 months of conviction free Level Two driving and a minimum age of 17.

   Source: PDF page 22

   “To be eligible for a Level 3 GDL, you must have completed 12 months of conviction-free driving under a Level 2 GDL, be at least 17 years old,”
   West Virginia Driver's Licensing Handbook, PDF page 22

Numbers to know

3 questions from the West Virginia practice test

1. 1. What nighttime supervision rule applies to a Level 2 GDL intermediate license holder?

   1. Supervision is required only from midnight to 5:00 a.m.
   2. No supervision is ever required after 10:00 p.m.
   3. A passenger under 18 may supervise during those hours
   4. A licensed adult age 21 or older must supervise driving from 10:00 p.m. to 5:00 a.m., subject to listed exceptions
   Show answer

   A licensed adult age 21 or older must supervise driving from 10:00 p.m. to 5:00 a.m., subject to listed exceptions. Level 2 permits unsupervised driving from 5:00 a.m. until 10:00 p.m., but nighttime driving from 10:00 p.m. to 5:00 a.m. generally requires a licensed adult supervisor age 21 or older. The handbook lists exceptions for lawful employment, school-sanctioned activity, religious activity, or an emergency involving prevention of injury or death. The other choices either remove supervision, lower the supervisor's age, or shorten the period. Check the reason for the trip before relying on an exception.

2. 2. How many non-family passengers under 20 may a Level 2 holder carry during the first six months?

   1. One
   2. None
   3. Two
   4. As many as fit with seat belts
   Show answer

   None. During the first six months, a Level 2 holder may not carry any non-family member under age 20. One such passenger becomes the maximum during the second six-month period, which explains why the option “One” can look plausible but belongs to a later stage. Two passengers and an unrestricted seat-belt condition conflict with the graduated restriction. When planning a ride, classify each young passenger by family relationship and age before starting the vehicle. The restriction concerns non-family passengers, so it should not be paraphrased as a blanket ban on every passenger.

3. 3. What must an under-18 driver do after surrendering a Level 2 GDL license?

   1. Wait 30 days and resume Level 2
   2. Apply directly for a Level 3 license
   3. Start over with a Level 1 GDL instruction permit
   4. Retake only the vision test
   Show answer

   Start over with a Level 1 GDL instruction permit. An under-18 driver who surrenders a Level 2 GDL intermediate license must start over with a Level 1 GDL instruction permit. The handbook does not allow a direct jump to Level 3, a short waiting period followed by automatic reinstatement, or a vision-only retest. Starting over means returning to the supervised beginning of the graduated process and meeting its requirements again. The age condition matters: the stated consequence applies when the driver is under 18. Read the surrender rule separately from the ordinary passenger and nighttime restrictions.

Source: the West Virginia Driver's Licensing Handbook, Chapter I: Driver's License Information. This lesson is a plain English summary, not the law itself; where it differs, the manual and the statute govern. Last checked 2026-09-27.