In New Hampshire, the legality of sleeping in your car is generally permissive, but there are important considerations and limitations to be aware of. Here’s what you need to know:
Sleeping in Your Vehicle
- Rest Areas: New Hampshire does not have laws prohibiting sleeping in your vehicle at rest areas. In fact, the state encourages drowsy drivers to pull over and rest rather than risk driving while fatigued. Rest areas are designed for this purpose, and you can sleep there without fear of legal repercussions.
- Private Property: If you choose to sleep in your car on private property (like a store parking lot), you must ensure that you have permission from the property owner. Otherwise, you could be charged with trespassing if the property prohibits overnight parking.
Legal Risks
- Drunk Driving Laws: A critical aspect of New Hampshire law is that you can be charged with drunk driving even if you are simply sleeping in your parked car if you are above the legal blood alcohol limit. This is because being in the vehicle can be interpreted as having “actual physical control” of it, which can lead to DUI charges. Therefore, it is advisable not to attempt to “sleep off” intoxication in your car.
- Parking Violations: If your vehicle is parked unsafely or in violation of any local parking regulations, law enforcement has the right to ask you to move or issue a citation.
Conclusion
In summary, while sleeping in your car at designated rest areas in New Hampshire is legal and encouraged for safety reasons, it is crucial to avoid situations that could lead to DUI charges or violations of private property rules. Always ensure you are not under the influence if you plan to sleep in your vehicle and check for any specific parking restrictions if you’re on private property.
Sources
- https://wokq.com/is-it-illegal-to-sleep-in-your-car-in-new-hampshire/
- https://seacoastcurrent.com/is-it-illegal-to-sleep-in-your-car-in-new-hampshire/
- https://www.boondockersbible.com/learn/new-hampshire-rest-area-rules/
- https://www.howielegal.com/blog/2020/09/dont-try-sleeping-it-off-in-your-car-in-new-hampshire/
- https://nhnotguilty.com/dwi-charges-sleeping-in-parked-car/
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