Sleeping in your car is generally legal in New Hampshire, but there are important rules and exceptions you need to know:
Where Car Sleeping Is Allowed
- Rest Areas: New Hampshire law specifically allows drivers to sleep in their vehicles at rest areas. The state encourages drowsy drivers to pull over and rest in their cars rather than risk falling asleep at the wheel. There are no laws prohibiting overnight parking or sleeping in your car at these locations, as long as you remain inside your vehicle and do not set up tents or sleep outside, which would be considered camping and is not allowed.
- Public Streets and Parking Lots: You may sleep in your car in public areas, provided you are parked legally and not violating any local parking restrictions or ordinances. Always check for posted signs regarding overnight parking or time limits.
- Private Property: Sleeping in your car on private property (such as store parking lots) requires the property owner’s permission. Without it, you could be cited for trespassing if asked to leave and you do not comply.
Key Restrictions and Legal Risks
- Driving Under the Influence: It is illegal to sleep in your car if you are above the legal alcohol limit or under the influence of drugs. In New Hampshire, you can be charged with DUI/DWI even if you are just sleeping in your parked car and not driving, as the law considers you to be in “actual physical control” of the vehicle. This applies even if the keys are not in the ignition or you are in the back seat.
- Parking Violations: If you are unsafely parked or in violation of parking restrictions (such as blocking driveways, fire lanes, or parking where overnight stays are prohibited), you can be asked to move or face fines.
- Local Ordinances: Some towns or cities may have additional rules or restrictions on overnight parking or sleeping in vehicles, especially in residential or downtown areas.
Summary Table: Car Sleeping in New Hampshire
| Location | Legal to Sleep in Car? | Notes |
|---|---|---|
| Highway Rest Areas | Yes | No camping outside vehicle |
| Public Streets/Lots | Yes, if legally parked | Check for local restrictions/signage |
| Private Property | Only with permission | Otherwise, risk of trespassing |
| While Intoxicated | No | Risk of DUI/DWI charge even if not driving |
Bottom Line
- It is legal to sleep in your car at New Hampshire rest areas and most public places if you are parked legally and not intoxicated.
- Never sleep in your car while under the influence of alcohol or drugs, as you can be arrested for DUI/DWI.
- Always check for local parking rules and obtain permission if you are on private property.
Following these guidelines will help you avoid legal trouble while getting the rest you need on the road in New Hampshire.
Sources:
- https://seacoastcurrent.com/is-it-illegal-to-sleep-in-your-car-in-new-hampshire/
- https://www.comparethemarket.com/car-insurance/content/is-it-illegal-to-sleep-in-your-car/
- https://www.howielegal.com/blog/2020/09/dont-try-sleeping-it-off-in-your-car-in-new-hampshire/
- https://fblawnh.com/can-you-be-arrested-for-dui-while-sleeping-in-a-parked-car/