Sleeping in your car can be a practical solution for tired travelers or those between accommodations, but the legality of doing so in Nebraska depends on where you park, how long you stay, and your behavior while inside the vehicle. Here’s what you need to know about the rules and risks as of 2025.
Statewide Laws
- No Blanket Statewide Ban: Nebraska does not have a law that outright prohibits sleeping in your car statewide. However, there are important restrictions and local ordinances that may apply depending on your location.
Where You Can and Cannot Sleep in Your Car
1. Public Highways, Roadside Areas, and Parks
- It is illegal to “camp” (defined as temporary lodging out of doors, including sleeping in a vehicle) on any state or county public highway, roadside area, park, or property acquired for highway or roadside park purposes, except at places specifically designated as campsites by the Department of Transportation or the relevant county authority.
- Violating this rule is a Class V misdemeanor and may result in fines and liability for any damages caused.
2. Rest Areas
- Nebraska rest areas are open 24 hours and allow you to park and sleep in your vehicle for up to 10 hours.
- “Overnight camping” (setting up tents or camping equipment) is not allowed, but sleeping inside your car to rest is permitted within the 10-hour limit.
- Guidance documents from the Nebraska Department of Transportation recommend not drawing attention to yourself (no camping gear, no noise, etc.)
3. Private Property
- Parking and sleeping on private property (such as store parking lots) requires the owner’s permission. Without it, you risk being cited for trespassing.
4. Local Ordinances
- Some cities or towns may have their own ordinances prohibiting sleeping in vehicles, especially overnight or in certain public areas. Always check local rules before settling in for the night.
Special Considerations
Sleeping While Intoxicated
- If you are sleeping in your car while intoxicated, you could still be charged with DUI if law enforcement believes you had “actual physical control” of the vehicle (e.g., keys in the ignition, car running, or you are in the driver’s seat).
- The risk increases if you are found with the keys accessible or if there is evidence you recently drove the vehicle while impaired.
Summary Table: Nebraska Car Sleeping Laws
| Location/Condition | Legal to Sleep in Car? | Notes |
|---|---|---|
| State/county highways/parks | No (unless designated campsite) | Camping (including in vehicles) only at designated sites |
| Rest areas | Yes (up to 10 hours) | No tents/camping gear; stay in vehicle |
| Private property | Yes, with owner’s permission | Otherwise, risk of trespassing |
| City/town streets/lots | Varies by local ordinance | Check local laws |
| While intoxicated | Risk of DUI charge | If in “actual physical control” of vehicle |
Key Takeaways
- Sleeping in your car is not illegal statewide in Nebraska, but you cannot “camp” (including sleeping in your vehicle) on highways, roadside areas, or parks unless in a designated campsite.
- Rest areas allow up to 10 hours for resting in your vehicle, provided you do not set up camping equipment.
- Always check local ordinances and obtain permission on private property.
- If you are intoxicated, avoid sleeping in the driver’s seat or with keys accessible to reduce the risk of a DUI charge.
Being aware of these rules can help you avoid fines, legal trouble, and ensure a safer experience when sleeping in your car in Nebraska.
Sources:
- https://www.thezebra.com/resources/car-insurance/is-it-illegal-to-sleep-in-your-car/
- https://www.jackery.com/blogs/knowledge/is-it-illegal-to-sleep-in-your-car-what-states
- https://codes.findlaw.com/ne/chapter-39-highways-and-bridges/ne-rev-st-sect-39-312/
- https://nebraskalegislature.gov/laws/statutes.php?statute=39-312