General Legal Considerations
- No Specific Law Against Sleeping in Cars: There is no federal or state law specifically prohibiting sleeping in cars, but local ordinances may apply.
- Actual Physical Control: Maryland law considers being in “actual physical control” of a vehicle while intoxicated as a DUI offense. This means if you’re in a position to operate the vehicle, even if you’re asleep, you could be charged with DUI.
Shelter Doctrine
- Maryland’s Shelter Doctrine: This doctrine allows intoxicated individuals to sleep in their cars without legal consequences if they are using the vehicle solely as shelter and not intending to drive. To invoke this doctrine, it’s crucial to demonstrate that you were not in control of the vehicle.
Best Practices for Sleeping in a Car
- Park Legally: Ensure your vehicle is parked in a legal space to avoid suspicion of recent driving.
- Avoid Turning on the Engine: Unless necessary for safety reasons, keep the engine off to show you’re not preparing to drive.
- Sit in the Passenger Seat: This helps demonstrate you have no intention of driving.
- Keep Headlights Off: Turn off headlights to indicate you’re not preparing to move the vehicle.
Rest Areas
- Sleeping at Rest Areas: While overnight parking is not allowed, sleeping in your car for up to three hours is permissible at Maryland rest areas.
Local Restrictions
- Ocean City: Sleeping in vehicles is prohibited within city limits.
- Alcohol Consumption: Public consumption of alcohol is illegal in many areas, including Ocean City.
- https://www.houlonberman.com/blog/dos-donts-sleeping-sober-car-without-risking-criminal-exposure/
- https://somdcriminaldefense.com/maryland-dui-im-asleep-in-my-parked-car-can-i-be-arrested-for-dui/
- https://www.boondockersbible.com/learn/maryland-rest-area-rules/
- https://frizwoods.com/blog/Shelter-Rule