Statewide Rules
- No blanket statewide ban: Virginia does not have a general state law prohibiting sleeping in your car everywhere. However, where and when you sleep in your car is heavily regulated by both state agencies and local ordinances.
- Rest areas and waysides: Overnight parking and sleeping at highway rest areas and waysides is expressly prohibited. Fines for violations can be up to $250. You may nap in your car at a rest area, but not overnight, and must remain inside your vehicle if you do so.
- Camping is not allowed at rest areas, and sleeping outside your vehicle or in rest area buildings is also prohibited.
Local Ordinances
- Cities and counties may have stricter rules. For example, in Virginia Beach, it is specifically illegal to use an automobile as sleeping quarters instead of a hotel or similar accommodation; this is a Class 4 misdemeanor. Many other localities have similar ordinances, especially in urban or tourist areas.
Private Property and Parking Lots
- Private lots (e.g., Walmart, truck stops): You may only sleep in your car if you have explicit permission from the property owner. Otherwise, you risk being cited for trespassing or asked to leave
- Public streets and lots: Many cities prohibit overnight parking or sleeping in vehicles on public streets, especially in residential or business districts. Always check posted signs and local regulations
DUI Considerations
- Sleeping in your car while intoxicated can result in a DUI charge if you are found to be in “physical control” of the vehicle, even if you are not driving. This can include being in the driver’s seat with the keys in the ignition or even in your possession The safest course is to avoid being in your car at all if you are intoxicated.
Table: Virginia Car Sleeping Laws
| Location/Scenario | Legal to Sleep in Car? | Notes |
|---|---|---|
| Highway rest areas/waysides | No (overnight) | Prohibited; fines up to $250 |
| Local city streets (varies) | Often No | Check local ordinances |
| Private parking lots | Only with permission | Otherwise, risk trespass citation |
| While intoxicated, anywhere | Risk of DUI | Keys in possession = possible DUI |
| Virginia Beach (city ordinance) | No | Class 4 misdemeanor |
Key Takeaways
- Sleeping in your car is not universally illegal in Virginia, but is restricted in many places.
- Overnight sleeping at rest areas and waysides is prohibited statewide.
- Local ordinances may ban sleeping in vehicles within city limits.
- You must have property owner permission to sleep in your car on private property.
- Sleeping in your car while intoxicated can lead to DUI charges.
Always check local laws and posted signs before sleeping in your car in Virginia to avoid fines or legal trouble.
Sources
[1] https://www.lawinfo.com/resources/criminal-defense/is-it-illegal-to-sleep-in-your-car.html
[2] https://www.boondockersbible.com/learn/virginia-rest-area-rules/
[3] https://reolink.com/blog/is-it-illegal-to-sleep-in-your-car/
[4] https://www.insurancenavy.com/is-it-illegal-to-sleep-in-your-car/
[5] https://www.jackery.com/blogs/knowledge/is-it-illegal-to-sleep-in-your-car-what-states