Virginia does not have a statewide law that makes it categorically illegal to sleep in your car. However, where you park and sleep is crucial, as state regulations and local ordinances impose significant restrictions.
Rest Areas and Waysides: Strict Prohibitions
- No Overnight Parking or Sleeping: The Virginia Department of Transportation (VDOT) expressly prohibits overnight parking and sleeping at highway rest areas and waysides. Even though some rest areas are open 24 hours, you cannot park overnight or sleep there during restricted hours.
- Sleeping Must Be Inside Your Vehicle: If you need to nap at a rest area during allowed hours, you must remain inside your vehicle. Sleeping outside or in rest area buildings is not permitted.
- Camping Is Not Allowed: Any form of camping, including using your car as a campsite, is prohibited at rest areas.
- Penalty: Violating these rules can result in fines up to $250 per incident.
Local Ordinances: City and County Rules Vary
Many Virginia cities and counties have their own laws regarding sleeping in vehicles:
- Example: Virginia Beach makes it a Class 4 misdemeanor to use an automobile as sleeping quarters instead of a hotel or other accommodations.
- Other municipalities may have similar bans or restrictions, especially in public parking lots or on city streets.
Always check local ordinances before sleeping in your car, as enforcement and penalties vary.
Private Property: Permission Required
Sleeping in your car on private property (such as store parking lots) is only legal if you have explicit permission from the property owner. Otherwise, you could be cited for trespassing.
DUI Risks: Sleeping While Intoxicated
Virginia has strict DUI laws:
- Physical Control = DUI Risk: If you are found sleeping in your car while intoxicated and are considered to be in “physical control” of the vehicle (e.g., in the driver’s seat, keys in the ignition), you can be charged with DUI-even if the car is not moving.
- Safer Practice: If you must sleep in your car after drinking, it is safest to rest in the back seat, with the keys out of reach and the vehicle off.
Summary Table: Car Sleeping Legality in Virginia
| Location/Context | Is Sleeping in Car Legal? | Notes/Restrictions |
|---|---|---|
| Highway rest areas/waysides | No (overnight) | Fines up to $250; only allowed during open hours |
| City streets/public lots | Varies by locality | Many cities ban or restrict car sleeping |
| Private property | Yes, with permission | Otherwise, risk trespassing citation |
| While intoxicated | Risk of DUI charge | Especially if in driver’s seat/keys accessible |
Key Takeaways
- Virginia prohibits overnight sleeping in vehicles at highway rest areas and waysides.
- Many cities (e.g., Virginia Beach) ban using cars as sleeping quarters.
- Always check local laws and get permission on private property.
- Sleeping in your car while intoxicated can result in a DUI charge.
If you plan to sleep in your car in Virginia, research local ordinances and choose your location carefully to avoid fines or legal trouble.
Sources:
- https://law.lis.virginia.gov/admincode/title24/agency30/chapter50/section10/
- https://www.boondockersbible.com/learn/virginia-rest-area-rules/
- https://www.lawinfo.com/resources/criminal-defense/is-it-illegal-to-sleep-in-your-car.html
- https://reolink.com/blog/is-it-illegal-to-sleep-in-your-car/
- https://www.andrewflusche.com/blog/dui-for-sleeping-in-car/