If you think sleeping in your car with the engine turned off will not attract DUI charges in Florida, you might be in for a surprise. A former Highway Patrol officer, Steve Montiero, best known as ‘Trooper Steve,’ revealed that the complex laws around sleeping in your car, especially if you’re under the influence, aren’t as simple as just pulling over anywhere and taking a quick nap.
When a person asked Trooper Steve on News 6 if it was legal to pull over and sleep in a car in Florida, he stated that there is no law in place yet that makes it illegal to sleep in your car. However, what matters is where you park and under what circumstances. He explained:
“There is no statewide law in Florida that makes it illegal to sleep in your car. So if you’re legally parked and simply catching a quick nap, you’re not automatically breaking the law.
“And honestly, from a safety standpoint, I’d much rather see someone pull over and rest than try to push through fatigue and risk causing a crash.”
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However, several counties across the state of Florida prohibit sleeping in vehicles in public areas, so it is important to know when and where to stop for a nap.
“Many cities and counties across Florida have their own local ordinances that prohibit sleeping in vehicles, especially on public streets, parking lots and parks. That means something that might be okay in one area could lead to a warning or even a citation just a few miles down the road.”
Be Wary About Rest Areas and Private Properties
Extreme caution must be exercised when it comes to stopping on private property. If you think sleeping in a designated rest area would be the best option, Trooper Steve could prove you wrong. He said:
“If you’re thinking about pulling into a rest area, those are generally a safer option, but even there, time limits often apply. These stops are designed for short breaks, not overnight stays.
“Private property is another gray area. Some businesses may allow it, but others do not. If you don’t have permission, you could be dealing with a trespassing issue.”
Then there is the more complex law about stopping to sleep under DUI. When resting under the influence in your car, ensure you’re not sleeping in the driver’s seat. Keep the engine turned off, and keep your keys away from reach. Trooper Steve said:
“Even if your vehicle is parked, you can still be arrested for DUI if you’re considered to be in “actual physical control” of the car. That could include sitting in the driver’s seat with the keys nearby, even if the engine isn’t running.”
So if one needs to sleep in their vehicle during a long drive across Florida, they must ensure they are legally parked for a short duration. And if impaired, just remember not to sleep in the driver’s seat.
