In Georgia, it is not explicitly illegal to sleep in your car due to the lack of a statewide law prohibiting it. However, the legality largely depends on location and adherence to local ordinances. Cities and counties often have their own regulations regarding loitering, vagrancy, and trespassing, which can restrict where and how you can sleep in your vehicle.
Key Factors Determining Legality
- Location: The parking location is critical.
- Private Property: Sleeping on private property without the owner’s permission is considered trespassing.
- Public Parks: Many cities prohibit overnight stays in public parks.
- Roadsides: Parking on roadsides can be dangerous and may violate traffic laws.
- Behavior: Actions while sleeping in the car can influence legality. Appearing under the influence of drugs or alcohol or causing a disturbance can attract law enforcement.
- Time Limits: Some areas may restrict how long you can park in a specific spot, prohibiting overnight parking even if sleeping in your car isn’t explicitly banned.
Safe and Legal Alternatives
- Campgrounds and RV Parks: These are the safest and most legal places to sleep in your car, offering amenities and a secure environment.
- Parking Lots with Permission: Some businesses, like Walmart, may allow overnight parking with permission from the store manager.
- Rest Areas: Georgia’s rest areas generally prohibit camping, but short naps may be allowable.
City-Specific Laws
- Atlanta: Atlanta prohibits sleeping in your car overnight in public places without a permit but has designated areas where overnight parking is allowed.
- Savannah: Savannah prohibits overnight parking in public lots and streets without permission from the city.
- Athens: Athens prohibits sleeping in your car on public streets between 10 p.m. and 6 a.m.
Tips for Staying Safe
- Choose a well-lit area.
- Lock the doors and keep valuables hidden.
- Inform someone of your location.
- Be mindful of your surroundings.
DUI Considerations
Even if you are not driving, you can be charged with a DUI if you are found inebriated in your car. If your blood alcohol concentration (BAC) is 0.08% or higher and you are in “reasonable control” of the vehicle, you may be charged with a DUI. “Reasonable control” is generally defined as having the power to move the vehicle. Factors such as where you were sleeping, the location of your keys, and the absence of alcoholic containers could be argued to get your case dismissed.
SOURCE
[1] https://www.classiccitynews.com/post/the-legality-of-car-sleeping-in-georgia-what-you-need-to-know
[2] https://www.ballingernews.com/the-legality-of-car-sleeping-in-georgia-what-you-need-to-know/
[3] https://www.millerlawpractice.com/am-i-allowed-to-sleep-in-my-car-while-drunk-in-georgia/
[4] https://www.boondockersbible.com/learn/georgia-rest-area-rules/
