Sleeping in your car in Maryland is a complex issue that involves both state law and local ordinances, as well as special considerations if alcohol is involved. Here’s what you need to know in 2025.
Is Sleeping in Your Car Legal in Maryland?
- No Statewide Ban: Maryland currently has no statewide law prohibiting sleeping in your car. In general, it is legal to sleep in your vehicle, provided you are parked legally and not violating any other laws.
- Local Ordinances: Some cities or counties may have local ordinances against sleeping in vehicles, especially overnight or in certain public areas. Always check local regulations before settling in for the night.
Upcoming Changes: The Right to Rest Act (Effective October 1, 2025)
A significant change is on the horizon: Maryland’s “Right to Rest Act” (House Bill 1164) is set to take effect on October 1, 2025. This law will prohibit counties and municipalities from enacting or enforcing local laws that prevent individuals from:
- Resting or sleeping in a public space,
- Protecting themselves from the elements in a non-obstructive manner,
- Sleeping in a legally parked vehicle.
What this means: After October 1, 2025, local governments cannot criminalize sleeping in a legally parked car anywhere in Maryland.
Special Considerations: Sleeping in Your Car While Intoxicated
Maryland law takes a strict stance on being in “actual physical control” of a vehicle while under the influence of alcohol or drugs:
- DUI Risk: If you are found sleeping in your car while intoxicated, you could be charged with DUI if police determine you were in “actual physical control” of the vehicle.
- Factors Considered: Courts and police look at several factors to determine control, including:
- Whether the engine is running or ignition is on,
- Where you are sitting (driver’s seat vs. back seat),
- Where the keys are located,
- Whether the car is legally parked,
- Whether you are awake or asleep.
- Best Practices: If you must sleep in your car after drinking:
- Park legally,
- Turn off the engine and remove the keys from the ignition,
- Sit or lie in the back seat,
- Place keys out of reach (e.g., glove box or trunk).
Even following these tips does not guarantee you won’t be charged, but it may strengthen your defense if accused.
Private Property and Other Restrictions
- Private Property: Sleeping in your car on private property (such as store parking lots) may be prohibited by the property owner, regardless of state or local law. You could be asked to leave or cited for trespassing.
- Rest Stops: Maryland rest areas typically allow short-term parking but may prohibit overnight stays. Always check posted signs.
Summary Table: Car Sleeping Laws in Maryland (2025)
| Situation | Legal Status (2025) |
|---|---|
| Sleeping in car (sober, public) | Legal statewide; local bans end Oct 2025 |
| Sleeping in car (intoxicated) | Risk of DUI if “actual physical control” |
| Sleeping on private property | Depends on property owner’s rules |
| Local ordinances banning sleeping | Prohibited after Oct 1, 2025 |
Bottom Line
- Until October 1, 2025: Sleeping in your car is generally legal, but local ordinances may restrict it in some areas.
- After October 1, 2025: The Right to Rest Act will protect your right to sleep in a legally parked vehicle statewide.
- If intoxicated: Be aware of DUI laws and take steps to avoid being considered in “actual physical control” of your vehicle.
- Always check for local rules and private property restrictions.
If you are unsure or face legal trouble, consult a Maryland attorney familiar with local and state laws.
Sources:
- https://www.reddit.com/r/vandwellers/comments/65zpyh/is_it_legal_to_sleep_in_your_car_in_maryland/
- https://andrewalpert.com/blog/how-sleeping-it-off-in-your-car-can-lead-to-a-dui-arrest-in-maryland/
- https://mgaleg.maryland.gov/2025RS/bills/hb/hb1164f.pdf
- https://www.sherihoidralaw.com/blog/sleeping-in-your-car-while-drunk-in-maryland-what-you-must-know/