Is It Legal to Sleep in Your Car?
Last Updated on February 15, 2024
It may or may not be legal to sleep in your car, depending on state laws and municipal bylaws.
Generally, it’s not illegal to sleep in your car in the United States. However, many jurisdictions restrict your ability to sleep in your car – say, by making it illegal to sleep in your car overnight on public streets or in public parking lots.
Keep reading to discover everything you need to know about whether or not it’s legal to sleep in your vehicle.
Key Takeaways:
- While generally not illegal nationwide, sleeping in your car is subject to state and local laws, with many jurisdictions imposing restrictions.
- Certain areas, such as rest stops or specific parking locations, may allow overnight stays in a vehicle, while others, including public streets and lots, commonly prohibit it.
- Being in the driver’s seat of a parked vehicle while intoxicated could lead to a DUI charge, as laws vary on what constitutes control of a vehicle under the influence.
- There is no federal law against sleeping in a vehicle, but compliance with varying state and municipal regulations is necessary to avoid legal issues.
- State & Local Laws Restrict Sleeping in Your Car
- Three Questions to Ask Before Sleeping in Your Vehicle
- Common Restrictions Against Sleeping in Your Vehicle
- There’s No Federal Law About Sleeping in Your Vehicle
- Can I Sleep in My Car While Intoxicated to Avoid a DUI?
- Where Can I Sleep in My Vehicle?
- What’s the Punishment for Sleeping in a Vehicle?
- Final Word
State & Local Laws Restrict Sleeping in Your Car
It’s generally not illegal to sleep in your car in the United States, although certain state and local laws restrict your ability to sleep in your car.
Some states only allow you to sleep in your car at rest steps, for example.
Or, some cities do not allow you to sleep in your car in public places overnight – say, in public parking lots or on public streets.
If you sleep in your car in a place where it’s illegal to do so, then you could get a warning or traffic ticket.
Depending on local laws, it could also be illegal to sleep in your car while intoxicated. If you are in the driver’s seat and sleeping while intoxicated, you may be charged with drunk driving.
Three Questions to Ask Before Sleeping in Your Vehicle
Generally, you should answer three questions to determine whether or not it’s illegal to sleep in your vehicle:
Do state and local laws prevent sleeping in my vehicle? Check your state’s laws about sleeping in your vehicle. Some states have no specific wording preventing sleeping in your vehicle, while other cities have passed strict bylaws preventing you from sleeping in your vehicle in a public space.
Where am I parked? If you’re parked in a public place, you’re more likely to experience issues sleeping in your vehicle. Sleeping while parked in a public parking lot or on a public street, for example, may be illegal overnight.
Am I intoxicated? If you’re under the influence of drugs or alcohol, then you could be charged with drunk driving, depending on state and local laws.
Common Restrictions Against Sleeping in Your Vehicle
States and cities have different laws about sleeping in your vehicle.
Instead of summarizing each state and local law about sleeping in your vehicle, here are some common restrictions found in states and cities across the country:
- You can only sleep in your vehicle at rest stops.
- You cannot sleep, camp, or live in your car anywhere in the state.
- You can sleep in your car during the day, but you cannot sleep in your car overnight while parked in a public area (like a public parking lot or on a public street).
- You can only sleep in your vehicle at specific times of day, or you can only park your car in certain areas at specific times of day.
- You can sleep in your vehicle, but only for a specific length of time (say, for a one to three-hour nap).
- You can only park overnight at certain locations, or you can only camp in your car in specific spots.
These laws vary widely between states. In Virginia, for example, you’re not permitted to park overnight at waysides and rest areas. In other states, meanwhile, you’re only allowed to sleep overnight at rest areas.
Other states have specific time-based restrictions. New York, for example, only allows you to take a three-hour nap in a rest area.
There’s No Federal Law About Sleeping in Your Vehicle
There’s no specific federal law penalizing individuals for sleeping in their vehicles.
Generally, it’s not illegal to sleep in your car in the United States unless otherwise prohibited by state or local laws.
Nevertheless, many states and cities have passed local laws restricting the ability to sleep in your vehicle, and you must abide by these laws while in the state or city.
Can I Sleep in My Car While Intoxicated to Avoid a DUI?
If you’re intoxicated, you may think you can sleep in your car to avoid driving home under the influence.
Unfortunately, many states ban you from being in control of a vehicle while impaired – even if the vehicle is parked.
Some states require the vehicle to be turned on in order for you to receive a DUI. Other states, however, simply require you to be in the driver’s seat of the vehicle and in possession of your keys.
In some states, in fact, drivers can even be charged with a DUI if they’re sleeping in the trunk!
Check state laws to verify whether or not you can sleep in your vehicle while intoxicated.
Where Can I Sleep in My Vehicle?
Different states and cities have different rules about sleeping in your vehicle.
Some states only allow you to sleep in your vehicle in certain areas. Other states allow you to sleep in your vehicle anywhere except areas where it’s prohibited.
Here are some of the common questions we get about where to sleep in your vehicle:
Public Streets & Parking Lots: Many cities and states ban you from sleeping overnight in a vehicle on public streets or in public parking lots. You may be allowed to sleep in your vehicle during the day in these areas, but you’re not allowed to do so overnight. Check state and city laws to verify.
Rest Areas: Many people sleep in their vehicles at rest areas. After all, they’re called rest areas for a reason. Surprisingly, some states forbid drivers from sleeping in their vehicles at rest areas. Most states, however, allow you to take a nap in your vehicle at a rest area without penalty, although some states have time limits and other restrictions.
Walmart Stores & Other Big Box Retailers: Many Walmart stores – but not all Walmart stores – allow you to park and sleep in your vehicle overnight without penalty. Other big box stores or corporations may also allow you to sleep overnight.
National Parks, BLM Land, & Other Public Land: You can generally practice dispersed camping (camping outside of authorized campgrounds) on BLM land across the United States, which technically allows you to sleep in your vehicle. National Parks, however, generally prohibit you from dispersed camping or sleeping in your vehicle outside of authorized campgrounds.
Private Property: It’s generally illegal to sleep overnight in a vehicle on someone else’s private property unless you have specific permission to do so. You cannot park in someone’s driveway or in the parking lot of a private business, for example, and sleep overnight. If you have permission from the private property owner, however, then you can generally sleep in your vehicle on private property.
What’s the Punishment for Sleeping in a Vehicle?
The punishment for sleeping in your vehicle could be anything from a traffic ticket to a misdemeanor to a DUI, depending on your situation.
The most common consequence is a traffic ticket or citation. A local police officer or bylaw officer may issue you a ticket for a traffic violation.
In some cases, however, your vehicle could be towed, and you may need to pay towing and impound fees to recover your vehicle.
If you’re sleeping in your vehicle while intoxicated, meanwhile, you could receive a DUI, depending on state laws.
Final Word
Although there’s no federal law prohibiting you from sleeping in your vehicle in the United States, there are many state, local, and municipal laws restricting the practice.
In many cities, for example, it’s illegal to sleep in your car overnight on public streets or in public parking lots. Depending on state laws, it may also be illegal to sleep in your vehicle while intoxicated.
Check state and local laws in your area to verify whether or not it’s legal to sleep in your car.