Yes, sleeping in your car is legal in Texas and all 50 states. However, that doesn’t mean you can pull over just anywhere for a nap. There are restrictions and local ordinances that limit your options.

Rest stops are typically the safest place to stop if you need a nap or a place to spend the night in your car. The parking areas are well-lit, there is usually a steady stream of traffic, and there are restroom facilities. Some even offer grills and picnic tables, in case you need a spot for a meal. You can stay there for up to 24 hours. Texas Transportation Code § 545.411 says you can rest for up to 24 hours.

Aside from rest stops, your options narrow. Some cities and communities are more lenient, while others have strict rules. However, always ask permission first. If you’re sleeping on the street in front of someone’s home, and you don’t have their permission, at best they may get nervous and call the police (resulting in a criminal trespassing charge). At worst they could get aggressive and confrontational. Don’t assume the homeowner won’t notice your vehicle. Ring Cameras and security systems often alert homeowners to cars parked in the vicinity. 

Where is it Legal to Sleep in My Car in Texas?

• Private property (with the owner’s consent): You must have permission from the property owner.
• Some Walmart parking lots (with permission): There’s no official policy; each store manager decides. Some have designated space for RVs or trucks.
• Truck stops (sometimes): Some truck stops like Flying J, Love’s, and Pilot may allow overnight stays in recreational vehicles (RVs) for a fee. However, not all roadside convenience stores allow overnight stays. For example, Buc-ee’s does not. You will need to check with the manager. If truckers aren’t allowed to sleep in the parking lot, it’s likely that you won’t be able to, either.
• Campgrounds and RV parks: Some Texas campgrounds and State Parks allow sleeping in vehicles. However, this will need to be confirmed with a manager, and there is typically a fee. Expect to pay at least $15 to $20. However, these are safe places to sleep and often have shower facilities. 

Places Where it is Illegal to Sleep in Your Car in Texas

• Private property (without the owner’s consent): Texas Penal Code, Sec. 30.05 clarifies that this could lead to a criminal trespassing charge – even if it’s on a public street or alley outside a private residence.
• City streets and residential areas: In major cities, including Dallas (as established by Dallas City Code SEC. 31-13) and Houston, sleeping in your vehicle is illegal in residential areas, along city streets, or in public parks.
• Beaches: Sleeping on many beaches in Texas requires a camping permit. Make sure you know the requirements to camp legally.
• School zones: Texas Transportation Code, Sec. 545.302 says you cannot sleep in your car in a school zone in Texas. 

If you’re caught sleeping in your vehicle in an area where it is not permitted, you could face:

• Fines
• Arrest
• Towing

Always check the local ordinances and laws in the area in which you plan to stay.

Can I Be Charged with DWI for Sleeping in my Car in Texas?

Texas law says you need to be operating a vehicle and show signs of intoxication to be charged. However, “intoxication” is often open to interpretation, and grogginess from being awakened from a deep sleep could lead a cop to assume that you’ve been drinking.

• Police will look for any sign that you drove the car
• If you’re running the a/c while you sleep, police can use that as a evidence to prove you were in “operation” of the motor vehicle Don’t move your vehicle – even to a more secluded spot.

• Keep the car off
• Do not put the keys in the ignition
• If possible, hand the keys over to someone or put them in a location where they are not accessible. This can help show you had no intent to drive and were not in operation of the motor vehicle
• Don’t sit in the front seat
• Sleep with your seatbelt unbuckled

Many of our DWI cases originate from clients who were sleeping in their cars when an officer stopped to perform a wellness check. If you’re in a public place, you should expect this. Some officers may leave you alone if you leave a note on the window explaining the situation, while others may wake you. If this happens, remain calm, don’t make sudden movements, and explain that you just needed to stop and rest. Never admit that you had been drinking, even if it was many hours prior. 

READ MORE: Can you be arrested for DWI if your breath smells like alcohol?

Risks of Sleeping in Your Car

• Criminal trespassing charges
• Personal safety risks
• Carbon monoxide poisoning (if you’re not in a well-ventilated area)
• The danger of extreme temperatures

Tips for Sleeping in Your Car in Texas

Plan ahead to ensure your safety:

• Lock doors, and keep windows only slightly cracked
• Park in a well-lit area
• Avoid attention and hide your personal items
• Pack blankets, pillows, a portable phone charger, water, and window shades
• If you’re asked to move, make sure you have a backup location in mind