Am I Allowed To Sleep in My Car?
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Whether or not it's illegal to sleep in your car depends on your state’s and city’s laws. Some states like Vermont allow sleeping in cars and others states ban it entirely. Meanwhile, other states do not have legislation specifically banning or allowing sleeping in your car.
Whether you’re planning a road trip or you drive long distances for work, we've compiled laws from all 50 states along with viable options for anyone looking to sleep in their car.
Key Takeaways
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Why Is It Illegal To Sleep in Your Car in Some Places?
It is always illegal to sleep on another person’s property without permission because it is considered trespassing. In addition, you may also be breaking the law if you’re intoxicated and pull over to the side of the road to sleep it off — you shouldn’t be behind the wheel in the first place.
However, some locations limit the number of hours you can stay, while others ban overnight parking altogether. Overstaying your welcome may be considered loitering and can result in fines.
In What States Is It Illegal To Sleep in Your Car?
Below, SmartFinancial has provided a table showing laws for every state so you know the dos and don'ts of sleeping in your car. Any state marked with “N/A” means that there is no general law that bans sleeping in your car.
State |
Legal / Illegal |
Link to Designated Rest Areas |
---|---|---|
Alabama |
N/A |
|
Alaska |
N/A In Anchorage, allowed unless stated otherwise except over the weekend.[1] |
|
Arizona |
N/A Prohibited in rest areas.[2] |
|
Arkansas |
No general law that bans sleeping in your car but it is a legal offense if you are living out of your car and disturb the peace.[3] |
|
California |
N/A Naps allowed at rest areas.[4] |
|
Colorado |
N/A There are designated parking areas in Denver for homeless people.[5] |
|
Connecticut |
N/A Legal in rest areas only when the sun is up. Overnight parking/camping allowed in certain national forests or grasslands.[6] |
|
Delaware |
N/A |
|
Florida |
N/A Legal for three hours at welcome centers, rest areas and Turnpike service plazas.[7][8] Overnight parking prohibited. |
|
Georgia |
Legal but not on state highways.[9] |
|
Hawaii |
Legal but prohibited between 6 p.m. and 6 a.m. on any public roadway.[10] |
|
Idaho |
N/A Allowed for up to 10 hours at any interstate rest stop; up to 16 hours at other rest stops.[11] |
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Illinois |
N/A |
|
Indiana |
N/A |
|
Iowa |
N/A Prohibited in rest areas.[12] |
|
Kansas |
N/A |
|
Kentucky |
N/A Allowed for up to four hours at rest areas; overnight parking prohibited[13] |
|
Louisiana |
N/A |
|
Maine |
N/A Allowed if the car is 10 feet from other vehicles and is clearly visible to oncoming traffic. Prohibited on limited-access highways prohibit parking on traffic lanes, deceleration lanes, acceleration lanes, bridges and the left shoulder.[14] |
|
Maryland |
N/A |
|
Massachusetts |
N/A Allowed in designated Bureau of Land Management areas and national forests.[15] |
|
Michigan |
N/A Allowed at welcome centers, rest stops and certain state parks.[16][17] |
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Minnesota |
N/A Allowed for up to four hours—10 hours if you're a commercial driver—in any Minnesota rest area.[18] |
|
Mississippi |
N/A Allowed for up to eight hours in rest areas, day or night.[19] |
|
Missouri |
N/A |
|
Montana |
N/A |
|
Nebraska |
N/A Allowed if away from a business or residential area, the vehicle does not obstruct traffic and is visible up to 200 feet.[20] |
|
Nevada |
N/A Allowed if not located near sidewalks, driveways, intersections, fire hydrants, crosswalks, traffic signals, safety zones, railroad rails, fire station entrances, obstructions, bridges, tunnels, driveways and no-parking zones.[21] |
|
New Hampshire |
N/A |
|
New Jersey |
N/A Certain rest areas such as the Route NJ 23 location prohibit overnight parking.[22] |
|
New Mexico |
N/A |
|
New York |
N/A |
|
North Carolina |
N/A Brief naps allowed at 24/7 rest areas and welcome centers open from 8 a.m. and 5 p.m.[23] |
|
North Dakota |
N/A |
|
Ohio |
N/A Drivers are encouraged to find rest stops and get sleep as needed.[24] |
|
Oklahoma |
N/A |
|
Oregon |
N/A |
|
Pennsylvania |
Legal The state advocates pulling off the road and finding a "safe, legal place" to rest.[25] |
|
Rhode Island |
N/A |
|
South Carolina |
N/A |
|
South Dakota |
N/A |
|
Tennessee |
N/A Allowed for up to two hours at designated rest areas.[26] |
|
Texas |
N/A Allowed at rest stops but cannot remain for more than 24 hours.[27] |
|
Utah |
N/A[28] Overnight parking at rest areas prohibited. |
|
Vermont |
Legal[29] Allowed but you cannot keep the car operating solely for the AC for a 60-minute period (only for certain models prior to 2018).[30] |
|
Virginia |
Illegal Overnight parking prohibited at rest areas.[31] |
|
Washington |
N/A Illegal to camp in designated rest stops for more than 8 hours in a 24-hour period.[32] |
|
West Virginia |
N/A |
|
Wisconsin |
N/A Illegal on public highways or adjacent lands.[33] The state recommends using designated rest areas.[34] |
|
Wyoming |
N/A The state recommends using designated rest areas.[35] |
Where Can I Legally Sleep in My Car for Free?
There are several possible places where drivers can pull in and nap before continuing their journey, some even more convenient than you think.
Rest Areas
Our above list of laws discussed several states where rest stops are a viable option for sleeping in your car. However, not all states permit snoozing in these areas. The ones that do may even have caps for how long you can stay or have designated times and areas for drivers to rest so always review the signage before shutting your eyes.
Public Land
Many state and national parks will allow travelers to park their cars and get some sleep. However, you should always ask and look up the park’s rules on overnight parking before setting up camp. Also, don't be surprised if you have to pay a fee to enter the park.
Walmart Parking Lots
Yes, Walmarts can be a suitable option for sleeping in your car. You just need to ask for permission first. In fact, it's common for people with RVs to make camp and park overnight. Walmart looks to its short-term dwellers as being potential customers. It's goodwill that can lead to a payoff for the megastores.
Costco Parking Lots
Like Walmarts, Costco parking lots are an option to get some shuteye before driving the next leg in your road trip but you’ll still need to get permission first.
Camping World Parking Lots
Camping worlds have a similar setup to Costco and Walmarts but this is becoming less frequent. It's unclear why but it could have to do with potential liability issues with guests damaging business property or getting injured while on the premises. If a Camping World location does allow drivers to stay on their property, this may be limited to those with an RV.
Cracker Barrel Parking Lots
Cracker Barrel establishments may allow drivers to use their parking area as a means of getting some sleep. It’s an irony considering you feel like you have to take a nap after you eat at Cracker Barrel.
Bass Pro Shop
Bass Pro Shop has a long history of letting drivers use their parking lots as rest areas. Some of them even have dump stations for RVs. Just head into the store and ask if you’re allowed to use their parking lot to take a break from the road.
Truck Stops
While truck stops are geared toward their namesake, car drivers do have the opportunity to get some rest as well. These large complexes are usually gas stations attached to several restaurants in one building, giving travelers the opportunity to both sleep and grab a hot meal. You may need to let an attendant know you’ll be closing your eyes so they don’t think anything is wrong.
Hospitals
Hospitals often offer respite for weary travelers. This is especially nice for those who perhaps can’t stay inside the hospital with their loved ones due to lingering COVID protocols. However, some hospitals provide validation for parking so you may have to pay a fee if you’re not visiting anyone at the hospital but choose to stay in their parking lot overnight.
What Happens if You're Caught Sleeping in Your Car?
The fallout from sleeping in your car will vary depending on your location and the area's laws. You could face fines or jail time if it's illegal where you are. Other locations may simply ask you to move your vehicle. For those locations where it is legal to sleep in your car, an officer may simply tap on your window to ensure you're okay.
Where Is It Always Illegal To Sleep in Your Car?
Below are some of the most common instances of where and when it is illegal to sleep in your car.
When Intoxicated
You could be charged with a DUI if your blood alcohol concentration exceeds the state’s minimum limits and you’re found asleep in the driver’s seat with the keys in the ignition — yes, a DUI arrest is possible even if the motor vehicle was parked and not running.
To avoid this, make sure your vehicle is completely off, put your keys on the dashboard and climb into the backseat. Taking these steps helps to show that you did not intend to drive while intoxicated.
Where Signs Explicitly Forbid It
Signage that prohibits sleeping in your car, whether it’s at all times or during certain hours, must be followed by drivers. Otherwise, you could face fines or jail time depending on your location.
On Private Property
Sleeping on private property without permission is trespassing and illegal. You could face fines or jail time.
Types of Car Insurance to Consider When Living in Your Vehicle
Nearly every state requires drivers to carry liability insurance and sometimes additional coverage such as personal injury protection and uninsured motorist coverage depending on where you live. In addition, if you’re still paying off your loan or leasing your car, you may also be required to maintain physical damage coverage.
State requirements aside, people who live in their cars full-time will likely have more robust coverage needs. Emergency roadside assistance is always a good idea so you can get your car towed to the nearest repair shop if it suddenly breaks down or runs out of fuel. In that same vein, mechanical breakdown insurance may be useful because it covers repairs to your car if it suffers a mechanical or electrical failure.
Drivers living in their car will also need protection for their personal belongings (e.g., electronics, clothes, etc.) since these items are usually excluded from coverage in an auto insurance policy. In this case, drivers will want to look into class B camper van insurance, which will cover personal property if they’re damaged or stolen. Some policies even provide pet injury coverage.
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