Is It Illegal to Sleep In Your Car?

The short answer is that it depends on where you are. While no federal law bans sleeping in your car (unless you’re intoxicated), each state and city has its own rules known as “vehicle habitation laws.” Whether you’re taking a quick nap on a trip or living in your vehicle, you need to look up the local ordinances that govern whether and where you can sleep in your car.

Don’t park just anywhere if you need some shut-eye. Your best bet is to find designated places where it’s legal and safe to sleep in your vehicle. You also need to be sure you have proper insurance if you’re sleeping in your vehicle, especially if you’re driving an RV or camper.

Local Laws

It’s your responsibility to understand local and state laws, such as zoning and time limits, regarding sleeping in your car; otherwise, you could find a police officer tapping on your window. Most rules about overnight parking aim to prevent car camping, long-term stays, and loitering. Unfortunately, these rules can make it hard for people to find places to park and sleep.

Sometimes, overnight parking rules are very clear. For example, it’s illegal in Hawaii to sleep in your car at a rest stop between 6 p.m. and 6 a.m. And in South and North Carolina, it’s banned altogether. Sometimes, though, the rules are a little unclear, like in states that ban “overnight parking” at rest stops but do allow you to “sleep in your vehicle until it’s safe for you to drive.”

If you need to find the regulations for your location, look for relevant signage or do a quick internet search. You can also ask 24-hour businesses or churches if it’s ok to park overnight or take a nap.

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Legal Places to Sleep in Your Vehicle

If you need to stay in your car overnight, here are a few locations that always or generally allow it:

• Bureau of Land Management (BLM) land, which consists of some 240 million acres in the United States (its website allows you to search locations, most of which allow stays of 7 to 14 days; sometimes, a permit is required for car campers, but it’s generally free)

• Parking areas of rest stops, truck stops, and welcome/information centers (but be sure to check state and facility rules first)

• Campsites (you may need a reservation, and there could be a camping fee, but these are usually small and definitely less than a hotel room.)

• Private land or residential driveways with the permission of the owner (including your own land, of course)

• Church parking lots, with permission

• Parking areas of police stations, with permission

• Parking lots of casinos, hotels, or other 24-hour commercial establishments (obtaining permission is recommended, and a parking fee may be required)

Walmart Parking Lots

The store manager of each Walmart can decide if overnight parking is permitted in the parking lot. Walmart stores have historically been very welcoming to the RV and camper communities and allowed vehicles to stay overnight in their parking spaces. But due to overuse, the company has given discretion on the matter to managers.

Also complicating the matter is the potential for local laws that ban sleeping in your car; such a law would supersede any decision by a store manager. The quickest way to find out if a Walmart store allows overnight parking is to call them directly. Stores that do allow overnight parking generally permit a one-night stay.

If you do overnight park or sleep in the parking lot of a Walmart (or any commercial business), be courteous by making a purchase from the establishment and not leaving trash or making excessive noise. Note that grilling and outdoor cooking aren’t typically permitted.

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Where and When It’s Illegal to Sleep in your Car

• Sleeping behind the wheel of your parked vehicle while you’re intoxicated is illegal under federal law; if caught, you’re subject to citation and jail for driving under the influence (DUI).

• Don’t sleep in your vehicle in residential areas, on residential streets, or on private property without permission from the property owner(s); otherwise, you’ll be considered trespassing, which is a crime.

• Many apartment complex areas require stickers or mirror tags on residents’ cars so facility security can determine who’s trespassing.

• Snoozing in your car on the shoulder of a highway is not only illegal but also dangerous.

• In public parking areas and public properties that aren’t specifically designated for sleeping/overnight parking, it’s probably illegal. Popular tourist areas are particularly prone to law enforcement taking action against overnight parking.

• Parking garages generally prohibit sleeping in your car, and staff could call law enforcement.

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Safety and Comfort While Sleeping in Your Vehicle

No matter where or why you’re sleeping in your car, make sure to do so safely. There are also simple ways to make the experience more comfortable.

• Practice safe parking: avoid highway shoulders and busy city streets, and look for designated parking spaces where it’s legal to sleep or car camp.

• Rest areas always allow at least a short rest until you’re ready to drive again.

• Lock your doors.

• Text someone your location before going to sleep.

• Turn off your car; leaving the engine running puts you at risk of carbon monoxide poisoning.

• Keep a sleeping bag rolled up in your car. It can help keep you warm and might make your back seat a little more comfortable. Add a small air mattress for extra comfort.

• You can also keep a simple toiletry kit with things like wet wipes, disposable toothbrushes, and hand sanitizer.

• If you’re planning to spend a lot of time sleeping in your vehicle, you could consider retrofitting it for a platform bed.

• Keeping some water and a flashlight in your car is always a good idea.

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The Bottom Line

No matter why you’re sleeping in your vehicle, know that state and local laws govern where and when it’s allowed. If in doubt, do a quick internet search of local laws. And always make sure you’re using appropriate safety precautions when sleeping in your car or parking overnight.

Frequently Asked Questions