Is It Illegal To Sleep in Your Car?

During a long road trip, you may find yourself nodding off. Pulling over to a rest stop can give you a chance to get a nap and avoid drowsy driving. However, sleeping in your car can be against the law in some places.

This article looks broadly at the legality of sleeping in your car in the United States. Talk to a local criminal defense attorney for more information about the vehicular sleeping laws where you live.

Is It Legal To Sleep in Your Car?

Whether you can legally sleep in your car will depend on:

• Your local and state laws
• Where and when you parked
• Whether you are intoxicated

In states where it is legal to sleep in your car, you should follow the state’s specific parking laws to ensure compliance. In addition to state laws, local city and county ordinances should be regarded.

The penalties for sleeping in your car can depend on state and local laws. Often, the police officer will warn you first and ask you to move on. The police could give you a traffic violation, usually payable by a fine.

State Laws Against Sleeping in Your Car

Few state laws make it illegal to sleep in your car. Some states, including Virginia, limit how long you can park or sleep in some areas. State laws against sleeping in your car vary considerably and apply in certain circumstances. Some states may:

• Prohibit sleeping in your car at rest stops
• Ban car camping anywhere
• Prohibit overnight parking in public areas
• Specify the time you can park your car
• Allow overnight parking at certain locations

For example, Virginia prohibits overnight parking at waysides and rest areas. Other states put a time limit on how long you can stay parked at a rest area. In New York, taking a nap in a rest area is generally limited to three hours.

Check local zoning laws in individual towns, cities, and on public property. Many towns ban sleeping overnight or camping in your car, except in designated campgrounds.

Can You Sleep in Your Car To Avoid a DUI?

You should never get behind the wheel if you have had too much to drink. However, even sleeping behind the wheel can still be considered drunk driving. Depending on state laws, it may be against the law to be in control of a vehicle while impaired, including a parked car. If you are in the driver’s seat or have the key in the ignition to turn on the heater, it may be enough for a drunk driving arrest.

You may be able to lie down in the back seat as long as you keep the key out of the ignition. However, check with your local laws before you get into your car after having too much to drink.

Is There a Federal Law About Sleeping in Your Car?

Federal law generally doesn’t penalize individuals for sleeping in their vehicles. State laws and city ordinances regulate parking and overnight sleeping in cars. However, federal law may limit parking and camping on federal land.

Can I Park Anywhere Else?

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 restrictions on where and when you can park. Before parking your motor vehicle to sleep, make sure the place allows extended parking by following parking signs.

Can I Park in a Store Parking Lot?

Some businesses have allowed overnight parking, including for campers and RVs. This includes truck stops and Walmart parking lots overnight. However, this is still private property. Before sleeping in your car, you should get permission from the store. Without permission to park overnight, you could be charged with trespassing.

Is It Safe To Sleep in Your Car?

Another concern is safety when you are sleeping overnight in your car. Sleeping in your car can be dangerous in some areas. It may be safer to park in a well-lit area. However, it may also make your vehicle more visible to law enforcement if you get some shut-eye behind the wheel.

What Happens if You Get In Trouble for Sleeping in Your Car?

Sleeping in your car could be illegal, depending on where you parked and the laws of the state. You could be ticketed or cited for a traffic violation. You may risk getting towed if you leave your car for too long.

The penalties can be severe if you are sleeping in the vehicle while intoxicated. If you are facing a DUI charge for sleeping in your vehicle while impaired, contact a criminal defense attorney who understands local criminal law.