Brian White | February 10, 2025 | Texas Laws
Sometimes, you might need to rest in your car. Maybe you’ve had a few drinks and know it’s unsafe and illegal to drive, or you’re simply too tired to continue driving safely. But is it legal to sleep in your car in Houston, Texas?
The answer isn’t simple. Texas does not have a law prohibiting sleeping in your car. However, local rules can vary, and there are places where it may not be allowed. In some situations, sleeping in your car can even get you arrested for driving under the influence!
Let’s explore the rules and what you should know.
Where You Can And Can’t Sleep In Your Car
There are some places where parking your car to sleep is illegal or at least discouraged.
Never park on private property without permission. This can lead to trespassing charges, including on private driveways and lots. Parking in public areas where overnight parking is prohibited or restricted can also lead to loitering charges.
There may be special rules and restrictions on overnight parking at:
- City parks
- Public parking lots
- Beach parking lots
- Residential streets
- Downtown areas
Some campgrounds and RV parks allow overnight parking for free or for a fee. You can check Campendium to find locations in the Houston area. The site also includes truck stops, Walmart, and other locations that allow overnight parking.
Some travel centers, truck stops, and Walmart locations allow overnight parking and may even have a designated parking area. Make sure you check with management first.
State and national parks in Houston may have designated overnight parking areas or campgrounds. Be sure to verify the rules, as a permit or fee may be required to park.
What To Do If You Have Been Drinking
If you’ve been drinking, sleeping in your car might seem like a good idea as an alternative to drunk driving. But in Texas, you can still get a DWI if you’re in your car while under the influence, even if it’s not moving.
“Operating” a vehicle while under the influence can be interpreted to mean having physical control of a vehicle. People have been arrested for sleeping in their cars after drinking. Law enforcement and courts consider many factors to determine if there was intent to drive, such as the location of the vehicle, your position in the car, and even whether the keys were within reach.
Take the following steps to reduce your risk and show your intent is to sleep, not drive:
- Don’t sit in the driver’s seat. Sleeping in the backseat or even the passenger seat is safer.
- Keep the keys away from the ignition. You can place your keys in the glovebox or center console. This is even safer if you are not in the driver’s seat.
- Park somewhere you have permission to be overnight, such as a rest stop, truck stop, or private property with permission.
In general, you want to take steps to show your intentions of resting until you are sober.
Safety Tips
If you plan to sleep in your car:
- Lock your doors and keep them locked with the windows cracked slightly to improve ventilation.
- Choose a well-lit, safe area. Avoid downtown and commercial areas.
- Be discreet to avoid attracting attention to yourself. Make sure you do not have any valuables or personal items on display.
Avoid parking in isolated or unfamiliar areas where you may be at risk of assault or theft.
Sleeping in your car in Houston isn’t against state law. However, local rules, safety concerns, and loose DWI interpretations mean you should be careful. Always check local laws and choose a safe place to rest. If you’re unsure, look for designated rest areas or campgrounds.
Contact a Houston Car Accident Lawyer to Help You With Your Claim
For more information, contact the Houston personal injury law firm of Attorney Brian White Personal Injury Lawyers by calling (713) 500-5000.
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