Here’s what you need to know about the legality of sleeping in your car in Virginia:
- General Legality: Virginia doesn’t have a statewide law that makes it illegal to sleep in your car. However, restrictions exist based on location.
- Rest Areas and Waysides: Virginia prohibits overnight parking at rest areas and waysides. Violating this rule goes against the Virginia Administrative Code.
- DUI Considerations: Even if you’re just sleeping in your car, you can be arrested for a DUI in Virginia if you are intoxicated and in control of the vehicle. According to Virginia law, “operating” a vehicle includes being behind the steering wheel with the key in the ignition.
- Local Ordinances: Check local zoning laws in specific towns and cities, as many ban overnight sleeping or camping in your car, except in designated campgrounds.
- Parking Time Limits: Some state laws specify the time you can park your car. When an area is posted for limited parking, you may need to sign a register with your arrival time, and parking is limited to the posted period.
- Habitation in Vehicles: Fairfax County considers using a vehicle for eating, resting, recreating, or sleeping for six or more consecutive hours as human habitation, which may be prohibited in certain public right-of-way areas.
SOURCES
[1] https://www.lawinfo.com/resources/criminal-defense/is-it-illegal-to-sleep-in-your-car.html
[2] https://www.jackery.com/blogs/knowledge/is-it-illegal-to-sleep-in-your-car-what-states
[3] https://www.bjoneslegal.com/resources/blog/when-sleeping-in-a-vehicle-can-get-you-arrested-for-a-virginia-dui/
[4] https://law.lis.virginia.gov/admincode/title24/agency30/chapter50/section10/
[5]
