Generally, it is not illegal to sleep in your car, but this rule is subject to many exceptions. Whether you can legally sleep in your car will depend on different factors, including:
In states where it is legal to sleep in your car, you should make sure to follow the state’s specific parking laws to ensure you are compliant.
State laws against sleeping in your car vary considerably and apply in certain circumstances. States could, for example:
For instance, Colorado does not allow overnight parking at rest stops. But there are designated overnight parking areas in the state. Oklahoma allows overnight parking, while New York has a three-hour limit for parking at rest stops.
Although states vary when it comes to sleeping in your car, most states prohibit sleeping in your car while intoxicated. You may be charged with a DUI even if you are sleeping in a parked car if the state can show you are “in control of the vehicle.” In such cases, having keys in the ignition and sitting in the driver’s seat may be enough to show that you are actually in control of the vehicle.
Federal laws don’t penalize individuals for sleeping in their vehicles. State laws and city ordinances regulate this issue.
Knowing the state’s laws when it comes to sleeping in your car is important since breaking these rules has consequences. In most cases, police will first give you a warning for loitering first and ask you to leave the premises. Repeated violations could result in fines, traffic tickets, or a trespassing charge.
Even in states that allow overnight parking, you shouldn’t park anywhere before knowing the rules. City streets, parks, and parking lots all have their own rules on where and when you can park. Thus, before parking your car to sleep, make sure the place allows extended parking by following parking signs.
Sleeping in your car could be illegal depending on where you parked and the laws of the state. The penalties can be severe, especially if you are intoxicated. If you are facing a DUI charge for sleeping in your vehicle while intoxicated, it is best you contact a criminal defense attorney as soon as possible.
An arrest and conviction can change everything. Fines or time in jail are the immediate concern, but a conviction will also mean a criminal record that can make it harder to find a job and housing for years to come. If you are arrested or learn you are under investigation, the first thing you should do is contact an experienced criminal defense attorney. You can search LawInfo’s legal directory to find a local criminal defense attorney who can protect your rights and help you determine the best way to proceed with mounting a defense.