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

  • Even if a state law doesn’t mention sleeping in cars, city laws still can.
  • Sleeping in your car on private property without the owner's express permission is illegal.
  • Even designated rest stops may prohibit overnight parking.
  • Walmarts, Costcos and other private establishments may allow drivers to sleep in their cars in their parking lots.
  • Even if individuals are sleeping behind the wheel while the car is parked, they can still be charged with a DUI if they have been drinking.

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.

Fortunately, many states have designated rest areas where any driver can park and catch a couple of hours of sleep.

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

Find a rest area.

Alaska

N/A

In Anchorage, allowed unless stated otherwise except over the weekend.[1]

Find a rest area.

Arizona

N/A

Prohibited in rest areas.[2]

Find a rest area.

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]

Find a rest area.

California

N/A

Naps allowed at rest areas.[4]

Find a rest area.

Colorado

N/A

There are designated parking areas in Denver for homeless people.[5]

Find a rest area.

Connecticut

N/A

Legal in rest areas only when the sun is up. Overnight parking/camping allowed in certain national forests or grasslands.[6]

Find a rest area.

Delaware

N/A

Find a rest area.

Florida

N/A

Legal for three hours at welcome centers, rest areas and Turnpike service plazas.[7][8] Overnight parking prohibited.

Find a rest area.

Georgia

Legal but not on state highways.[9]

Find a rest area.

Hawaii

Legal but prohibited between 6 p.m. and 6 a.m. on any public roadway.[10]

Find a rest area.

Idaho

N/A

Allowed for up to 10 hours at any interstate rest stop; up to 16 hours at other rest stops.[11]

Find a rest area.

Illinois

N/A

Find a rest area.

Indiana

N/A

Find a rest area.

Iowa

N/A

Prohibited in rest areas.[12]

Find a rest area.

Kansas

N/A

Find a rest area.

Kentucky

N/A

Allowed for up to four hours at rest areas; overnight parking prohibited[13]

Find a rest area.

Louisiana

N/A

Find a rest area.

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]

Find a rest area.

Maryland

N/A

Find a rest area.

Massachusetts

N/A

Allowed in designated Bureau of Land Management areas and national forests.[15]

Find a rest area.

Michigan

N/A

Allowed at welcome centers, rest stops and certain state parks.[16][17]

Find a rest area.

Minnesota

N/A

Allowed for up to four hours—10 hours if you're a commercial driver—in any Minnesota rest area.[18]

Find a rest area.

Mississippi

N/A

Allowed for up to eight hours in rest areas, day or night.[19]

Find a rest area.

Missouri

N/A

Find a rest area.

Montana

N/A

Find a rest area.

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]

Find a rest area.

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]

Find a rest area.

New Hampshire

N/A

Find a rest area.

New Jersey

N/A

Certain rest areas such as the Route NJ 23 location prohibit overnight parking.[22]

Find a rest area.

New Mexico

N/A

Find a rest area.

New York

N/A

Find a rest area.

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]

Find a rest area.

North Dakota

N/A

Find a rest area.

Ohio

N/A

Drivers are encouraged to find rest stops and get sleep as needed.[24]

Find a rest area.

Oklahoma

N/A

Find a rest area.

Oregon

N/A

Find a rest area.

Pennsylvania

Legal

The state advocates pulling off the road and finding a "safe, legal place" to rest.[25]

Find a rest area.

Rhode Island

N/A

Find a rest area.

South Carolina

N/A

Find a rest area.

South Dakota

N/A

Find a rest area.

Tennessee

N/A

Allowed for up to two hours at designated rest areas.[26]

Find a rest area.

Texas

N/A

Allowed at rest stops but cannot remain for more than 24 hours.[27]

Find a rest area.

Utah

N/A[28]

Overnight parking at rest areas prohibited.

Find a rest area.

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]

Find a rest area.

Virginia

Illegal

Overnight parking prohibited at rest areas.[31]

Find a rest area.

Washington

N/A

Illegal to camp in designated rest stops for more than 8 hours in a 24-hour period.[32]

Find a rest area.

West Virginia

N/A

Find a rest area.

Wisconsin

N/A

Illegal on public highways or adjacent lands.[33] The state recommends using designated rest areas.[34]

Find a rest area.

Wyoming

N/A

The state recommends using designated rest areas.[35]

Find a rest area.

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.

places you can legally sleep in your car overnight infographic

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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FAQs

Is it illegal to sleep in your car on public property?

Sleeping in your car on public property can be illegal if state or city ordinances or nearby signage specifically prohibits it.

Can I sleep in my car overnight?

Some states and municipalities will allow drivers to sleep in their cars overnight. Usually, local laws will encourage drivers to find rest areas before dozing off in their cars.

Is it safe to sleep in your car?

You will be safer if you park in designated areas, like welcome centers and rest stops, as you will be less likely to be hit by surrounding traffic. Other safety concerns like crime and theft depend heavily on your location.

Is sleeping in your car illegal if you’ve been drinking?

You could be charged with a DUI even if you're asleep behind the wheel of a parked car. You can mitigate this by leaving your car off, throwing the keys in the front seat and finally climbing in the back of the car to sleep.

Where can I sleep in my car legally?

Some states have designated rest areas for people sleeping in their cars. Alternatively, some Walmarts and Costcos allow drivers to sleep in their parking lots if they get permission first.

Sources

  1. Municipality of Anchorage. “Chapter 9.30 Stopping, Standing and Parking Generally,” Page 6. Accessed July 2, 2023.
  2. Arizona Department of Transportation. “Rest Area Rules.” Accessed July 2, 2023.
  3. Justia. “2020 Arkansas Code, Title 14 - Local Government, Subtitle 3 - Municipal Government, Chapter 54 - Powers of Municipalities, Generally, Subchapter 14 - Miscellaneous Regulations § 14-54-1408. Vagrants, Etc.” Accessed July 2, 2023.
  4. California Department of Transportation. “Safety Roadside Rest Areas.” Accessed July 2, 2023.
  5. Colorado Safe Parking Initiative. “Colorado Safe Parking Initiative.” Accessed July 2, 2023.
  6. United States Department of Agriculture. “SNO-Park Information and Areas.” Accessed July 2, 2023.
  7. Meldon Law. “Fort Lauderdale Sleeping in Car Attorneys.” Accessed July 2, 2023.
  8. Florida Department of Transportation. “Rest Area Information.” Accessed July 2, 2023.
  9. Justia. “2022 Georgia Code, Title 32 - Highways, Bridges and Ferries, Chapter 6 - Regulation of Maintenance and Use of Public Roads Generally, Article 1 - General Provisions, § 32-6-6. Camping on Roadways; Penalty.” Accessed July 2, 2023.
  10. Hawai’i State Legislature. “§291C-112  Certain Uses of Parked Vehicles Prohibited Between 6:00 P.M. And 6:00 A.M.; Definition; Exceptions.” Accessed July 2, 2023.
  11. Idaho Office of the Administrative Rules Coordinator. “IDAPA 39 – Idaho Transportation Department, Division of Highways: Construction & Operations, 39.03.50 – Rules Governing Safety Rest Areas,” Page 4. Accessed July 2, 2023.
  12. Iowa Legislature. “Motor Vehicles and Law of the Road, §321.358,” Page 1. Accessed July 2, 2023.
  13. LexPark. “Overnight Parking.” Accessed July 2, 2023.
  14. Maine Legislature. “Title 29-A: Motor Vehicles and Traffic, Chapter 19: Operation, Subchapter 1: Rules of the Road.” Accessed July 2, 2023.
  15. U.S. Department of the Interior, Bureau of Land Management. “Camping on Public Lands.” Accessed July 2, 2023.
  16. Michigan Department of Transportation. “Welcome Centers & Rest Areas.” Accessed July 2, 2023.
  17. Michigan Department of Natural Resources. “Camping and Overnight Lodging.” Accessed July 2, 2023.
  18. Minnesota Department of Transportation. “Safety Rest Areas & Waysides.” Accessed July 2, 2023.
  19. Mississippi Department of Transportation. “Guidelines for Rest Areas and Welcome Centers.” Accessed July 2, 2023.
  20. Nebraska Legislature. “Nebraska Revised Statute 60-6,164.” Accessed July 2, 2023.
  21. Nevada Legislature. “Chapter 484B - Rules of the Road.” Accessed July 2, 2023.
  22. Official Site of the State of New Jersey. “Rest Areas.” Accessed July 2, 2023.
  23. North Carolina Department of Transportation. “Rest Areas.” Accessed July 2, 2023.
  24. The Keating Firm LTD. “Is It Illegal To Sleep in Your Car in Ohio? | Finding Legal Answers.” Accessed July 2, 2023.
  25. Pennsylvania Department of Transportation. “Tired and Driving? Take a Break – Drive Awake.” Accessed July 2, 2023.
  26. Tennessee Department of Transportation. “Welcome Center & Rest Areas.” Accessed July 2, 2023.
  27. Texas Constitution and Statutes. “Transportation Code, Title 7. Vehicles and Traffic, Subtitle C. Rules of the Road, Chapter 545. Operation and Movement of Vehicles, Subchapter A. General Provisions.” Accessed July 2, 2023.
  28. Utah Department of Transportation. “Rest Areas.” Accessed July 2, 2023.
  29. Vermont Department of Motor Vehicles. “Vermont Driver’s Manual,” Page 55. Accessed July 2, 2023.
  30. Vermont General Assembly. “The Vermont Statutes Online.” Accessed July 2, 2023.
  31. Virginia Department of Transportation. “Safety Rest Area - Most Frequently Asked Questions.” Accessed July 2, 2023.
  32. Washington State Legislature. “RCWS, Title 47, Chapter 47.38, Section 47.38.020.” Accessed July 2, 2023.
  33. Wisconsin Department of Transportation. “Guidelines.” Accessed July 2, 2023.
  34. Wisconsin Department of Transportation. “Safety Rest Areas.” Accessed July 2, 2023.
  35. Wyoming Department of Transportation. “Rest Areas.” Accessed July 2, 2023.

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