Sleeping in your car is generally legal in New Jersey, but there are important restrictions and exceptions you must understand.
Statewide Law
- No Statewide Ban: New Jersey does not have a statewide law prohibiting sleeping in your car if it is legally parked.
- Short-Term Napping: Taking a nap in your car during a long drive or pulling over for a rest is not a crime, provided you are not violating any other laws.
Key Restrictions and Local Ordinances
- Rest Areas and Service Plazas: Sleeping in your car overnight is not allowed at rest areas or service plazas on the Garden State Parkway and New Jersey Turnpike.
- Local Ordinances: Some towns and cities have their own rules. For example, Dennis Township in Cape May County has an ordinance banning sleeping in cars on quasi-public property, with penalties up to a $2,000 fine or 90 days in jail. Atlantic City and some Jersey Shore towns also prohibit overnight parking near beaches, especially during peak season.
- Extended Stays: Sleeping in your car for an extended period may be considered illegal camping and could violate local ordinances, even if not directly prohibited by state law.
Private Property and Parking Lots
- Private Property: You generally need the property owner’s permission to sleep in your car on private land, including business parking lots. Many businesses, including some Walmarts, do not allow overnight parking or sleeping in vehicles.
- Parking Lots: Most public and private parking lots have rules against overnight stays, and you may be asked to leave or even be ticketed if you violate posted regulations.
Sleeping in Your Car While Intoxicated
- Strict DWI Laws: It is illegal to sleep in your car while intoxicated, even if you are not driving. New Jersey law treats “operating” a vehicle very broadly. If you are found sleeping in the driver’s seat with the keys in the ignition (or even within reach), you can be charged with DWI-even if the car is not moving or the engine is off.
- Intent to Drive: Police and courts may infer intent to drive from your location in the car, possession of the keys, or other circumstances. The safest option is to avoid sleeping in your car if you have been drinking.
Table
| Situation | Legal in NJ? | Notes/Exceptions |
|---|---|---|
| Sleeping in car (sober, legally parked) | Yes | Unless local ordinance prohibits; check signage |
| Sleeping in car at rest area/service plaza | No | Prohibited on Turnpike and Parkway |
| Sleeping in car in Dennis Township (public area) | No | Ordinance bans, heavy fines/jail possible |
| Sleeping in car while intoxicated | No | Risk of DWI even if not driving |
| Sleeping in business/private parking lot | Varies | Need owner’s permission; most prohibit overnight stay |
| Extended car sleeping/camping | Varies | May violate local camping or loitering laws |
- Sleeping in your car is generally legal in New Jersey if you are sober, not violating parking rules, and not in a restricted area.
- Local ordinances can impose stricter rules, and sleeping in your car while intoxicated can result in a DWI charge.
- Always check for posted signs, know local laws, and never sleep in your vehicle after drinking.
Sources
- https://reolink.com/blog/is-it-illegal-to-sleep-in-your-car/
- https://wpst.com/law-new-jersey-drunk-car/
- https://www.newjerseycriminallawfirm.com/blog/can-you-get-a-dwi-while-sleeping-in-your-car/
- https://www.thevigilantelawfirm.com/am-i-allowed-to-sleep-in-my-car-while-drunk-in-new-jersey/
- https://973espn.com/this-is-the-only-town-in-new-jersey-where-you-cant-sleep-in-your-car/
