Sleeping in your car in Maryland is a nuanced legal issue, with state laws, local ordinances, and DUI regulations all playing a role. Here’s what you need to know if you plan to rest in your vehicle in Maryland.
No Statewide Ban, But Local Restrictions Exist
Maryland does not have a statewide law prohibiting sleeping in your car. However, some cities or counties may have local ordinances that restrict or ban sleeping in vehicles, especially overnight or in certain public areas. Always check local rules before settling in for the night.
Private Property and Parking Lots
Sleeping in your car on private property, such as store parking lots, generally requires the property owner’s permission. Without it, you could be cited for trespassing. Public rest areas in Maryland typically do not allow overnight parking or sleeping.
DUI Risks: “Actual Physical Control” Doctrine
The most significant legal risk comes when you sleep in your car after consuming alcohol. Maryland law allows police to charge you with DUI or DWI even if you are not driving, as long as you are considered to be in “actual physical control” of the vehicle.
Factors Courts Consider
Maryland courts use several factors to determine if you are in actual physical control:
- Is the engine running or ignition on?
- Where are you in the vehicle (driver’s seat vs. back seat)?
- Are you awake or asleep?
- Where are the keys (in the ignition, on your person, or stowed away)?
- Are the headlights on?
- Is the car legally parked or in the roadway?
No single factor is decisive; courts look at the totality of circumstances. For example, sleeping in the driver’s seat with keys in the ignition-even if the engine is off-can result in a DUI charge. Conversely, if you are asleep in the back seat with the keys out of reach and the car off, you are less likely to be considered “in control,” but it’s not guaranteed protection.
The “Shelter Rule”
Maryland’s highest court has recognized the “Shelter Rule,” which allows intoxicated individuals to use their vehicle as stationary shelter without being automatically considered in control. However, this defense depends on the specific facts-especially your position in the car and the location of the keys.
Tips to Reduce Legal Risk
If you must sleep in your car, especially after drinking, these steps may help reduce your risk of arrest:
- Do not start the engine or turn on the ignition.
- Place the keys somewhere inaccessible (glove box, trunk, or with someone else).
- Sleep in the back seat, not the driver’s seat.
- Ensure the car is legally parked and not obstructing traffic.
- Turn off all lights and electronics.
Still, even following these precautions does not guarantee you won’t be charged, as police have discretion and each case is unique.
Proposed Legal Changes
Recent legislation (HB1164, 2025 session) aims to prohibit local governments from enacting laws that specifically prevent people from resting or sleeping in public places, including vehicles, but as of now, local ordinances may still apply.
Maryland Car Sleeping Laws
| Situation | Legal Status/Notes |
|---|---|
| Sleeping in car (no alcohol) | Generally legal, but check local ordinances and property rules |
| Sleeping in car after drinking | Risk of DUI if in “actual physical control” of vehicle |
| Engine running/keys in ignition | High risk of DUI charge |
| Sleeping in back seat, keys away, car off | Lower risk, but not absolute protection |
| Private property (e.g., store lot) | Need owner’s permission |
If you have specific circumstances or need legal advice, consulting a Maryland attorney is recommended. Want to know more about local ordinances or how DUI cases are handled in Maryland?
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/mgawebsite/Legislation/Details/hb1164?ys=2025RS
- https://www.sherihoidralaw.com/blog/sleeping-in-your-car-while-drunk-in-maryland-what-you-must-know/
- https://www.thezebra.com/resources/car-insurance/is-it-illegal-to-sleep-in-your-car/
