If you’re thinking of sleeping in your car in Maryland, you might wonder whether it’s legal. The answer is generally yes, but it comes with important details and local rules that you should be aware of.
This article will break down the state’s laws and the upcoming changes in 2025, as well as tips on how to avoid legal trouble while sleeping in your vehicle.
Maryland’s State Law on Car Sleeping
No statewide ban: As of now, Maryland doesn’t have a law that bans sleeping in your car. This means, in general, you can sleep in your car without breaking any state laws. However, that doesn’t mean it’s always legal everywhere in Maryland.
Local rules: Some cities or counties in Maryland have their own rules. These local laws might restrict or even ban sleeping in your car, especially in places like public streets, parking lots, or residential areas. Always check the local rules of the area where you plan to park overnight.
Changes Coming with the Right to Rest Act
In 2025, Maryland will see a major change. The Right to Rest Act (HB1164), effective on October 1, 2025, will protect the right to sleep in your car, as long as the vehicle is parked legally and not blocking traffic or access to private property.
This means that once this law is in place, no local government will be able to create or enforce laws against sleeping in a legally parked car.
DUI Concerns While Sleeping in Your Car
One of the most critical things to remember when sleeping in your car is the possibility of being charged with DUI/DWI. Even if you’re not driving, being found “in actual physical control” of your vehicle while under the influence of alcohol or drugs can get you into serious trouble.
Here’s what could lead to a DUI charge when you’re sleeping in your car:
Keys in the ignition: If your keys are in the ignition or within easy reach, you could be seen as being in control of the vehicle.
Where you’re sleeping: Sleeping in the driver’s seat can make it easier for police to argue that you were in control, even if you weren’t driving.
Engine running: If your car’s engine is running or the accessories are on (like the AC or radio), it could increase the chances of a DUI charge.
Location: If your car is parked legally, that’s usually safer, but being in traffic or a restricted area increases the risk.
If you plan on sleeping while intoxicated, follow these tips to avoid trouble:
Don’t keep the keys in the ignition.
Sleep in the back seat.
Make sure the car’s engine is off.
Avoid driving or turning on the car’s systems.
Sleeping in Your Car on Public or Private Property
Private property: If you park on private property, you’ll need the owner’s permission. Without permission, you could be charged with trespassing.
Public property: Many cities and counties restrict overnight parking or sleeping in vehicles, but this will change when the Right to Rest Act takes effect. After October 1, 2025, you’ll be able to sleep in your car on public property, as long as the car is parked legally and not obstructing anything.
Key Points for Legal Car Sleeping in Maryland (as of July 2025)
Check local laws: Before sleeping in your car, always confirm whether the area you’re in has any local restrictions. Some areas might still have rules until the new law takes effect in 2025.
Sleep in your car after October 1, 2025: Once the Right to Rest Act is in place, sleeping in a legally parked car will be protected across Maryland, unless you are causing an obstruction or trespassing.
Avoid sleeping in your car while drunk: If you have access to your keys, sleeping in your car while intoxicated can result in a DUI/DWI charge.
Park legally: Always choose a legal parking spot and avoid areas where overnight parking is not allowed.
Summary Table: Maryland Car Sleeping Legality
| Location | Legal Status (Before Oct 2025) | Legal Status (After Oct 2025) |
|---|---|---|
| Public streets/lots | Local rules may apply | Protected if legally parked/not blocking |
| Private property | Trespassing if not permitted | Trespassing if not permitted |
| While intoxicated | High risk of DUI/DWI charge | High risk of DUI/DWI charge |
Always confirm local regulations and never sleep in your car while intoxicated with access to your keys.
[1] https://andrewalpert.com/blog/how-sleeping-it-off-in-your-car-can-lead-to-a-dui-arrest-in-maryland/
[2] https://somdcriminaldefense.com/new-laws-effective-january-1-2025-in-maryland-what-you-need-to-know/
[3] https://zoupw.com/blogs/lifestyle/is-it-illegal-to-sleep-in-your-car
