- Georgia does not have a statewide law that explicitly prohibits sleeping in your car. However, local city and county ordinances-such as those addressing loitering, vagrancy, or trespassing-can make it illegal to sleep in your vehicle in certain areas. Always check local rules, especially in cities like Atlanta, Savannah, Augusta, Columbus, and Athens, which may have stricter regulations.
Where You Park Is Crucial
- Private Property: Sleeping in your car on private property (such as store parking lots or residential streets) without the owner’s permission is considered trespassing.
- Public Parks and Streets: Many cities prohibit overnight stays in public parks or on public streets. Parking on the roadside or highways can also violate traffic laws and may be unsafe.
- Rest Areas: Georgia rest areas allow for sleeping in your car as long as it’s for “normal, customary, and temporary use.” There is no law against overnight parking at rest areas, but camping outside your vehicle is not permitted. Visitor Information Centers, however, prohibit overnight parking and have posted hours.
Sleeping in Your Car After Drinking: DUI Risks
- DUI Laws: Georgia law makes it illegal to be in “actual physical control” of a vehicle while intoxicated, even if you are not driving. This means you can be charged with DUI if you are found drunk and sleeping in your car, especially if:
- You are in the driver’s seat
- The keys are in the ignition or within reach
- The engine is running
- You are parked in a public area.
- Precautions: To reduce the risk of a DUI charge if you must sleep in your car after drinking:
- Move to the back seat
- Keep the keys out of reach (such as in the trunk)
- Turn off the engine
- Park on private property with permission
Safe and Legal Alternatives
- Campgrounds and RV Parks: These are the safest and most legal places to sleep in your car overnight.
- Truck Stops and Certain Parking Lots: Some businesses (like Walmart or Cracker Barrel) may allow overnight parking if you ask for permission.
- Rest Areas: Permitted for short naps or overnight stays inside your vehicle, but not for camping outside.
Potential Consequences
- Violating local ordinances can result in fines, your vehicle being towed, or being asked to move.
- If intoxicated, you risk a DUI charge even if you are not driving.
Tips for Safe Car Sleeping
- Choose well-lit, safe areas
- Lock your doors and keep valuables out of sight
- Inform someone of your location
- Be discreet and avoid causing disturbances.
Sleeping in your car is not outright illegal in Georgia, but local ordinances, property rules, and your behavior can make it unlawful in specific situations. If you are intoxicated, you risk a DUI even if you are only sleeping. Always check local rules, seek permission when on private property, and use designated areas like rest stops or campgrounds for the safest experience.
Sources
[1] https://www.classiccitynews.com/post/the-legality-of-car-sleeping-in-georgia-what-you-need-to-know
[2] https://www.harrisonmedlin.com/blog/2024/07/after-a-night-of-drinking-is-it-legal-to-sleep-it-off-in-your-car/
[3] https://www.boondockersbible.com/learn/georgia-rest-area-rules/
[4] https://www.southernharvestinsurance.com/blog/auto-insurance/is-it-legal-to-sleep-in-your-car-in-georgia/
[5] https://atlantaduirich.com/can-you-sleep-in-your-car-while-drunk-without-getting-a-dui-in-georgia/
