Fort Lauderdale Sleeping in Car Attorney (2024)

Drivers sometimes become tired when they are on the road in Fort Lauderdale. An exhausted motorist that has been on a long road trip for hours may want to pull over for a few hours to get some shuteye. Or, an individual may become drunk and want to sleep off the impairment in their car, in an effort to remain safe and avoid criminal charges.

Unfortunately, many people in the state, whether they are visitors or residents, are not aware of the laws regarding sleeping in your car in the state. If you have been charged or issued a citation, our Fort Lauderdale sleeping in car attorney can assist with your case.

The Law on Sleeping in Your Car in Florida

There is no federal law that prohibits motorists from sleeping inside their vehicle. However, in Florida, drivers are only allowed to sleep inside their vehicle for a maximum of three hours. You are not allowed to park overnight and sleep in your vehicle. Generally speaking, three hours is enough for drivers to get the rest they need before continuing on their way.

In addition to how long you can sleep in your vehicle, there are also laws on where you can choose to sleep in your car. Never pull over to sleep in the middle of a neighborhood. Instead, look for a designated rest stop that will allow you to rest for up to three hours.

How Sleeping in Your Car Can Result in a DUI

It is important to note that if you fall asleep in your car, you may be arrested for driving under the influence. Of course, if you have had too much to drink, making the decision to sleep it off in your vehicle is much safer than heading out onto the roads. Still, if a police officer notices you sleeping in your vehicle, they may approach your car to check on you.

Police officers can knock on the door or window when trying to wake you so they can check on you, but they cannot open the door or enter the vehicle without your consent. When you start interacting with the officer, they may suspect that you are intoxicated. If you are, you can be charged with a DUI if you were in actual physical control of the vehicle.

For example, if you were intoxicated and fell asleep behind the wheel with the vehicle running, you have actual physical control of the car and so, you can be charged with a DUI. However, if you were in the back seat, the vehicle was turned off, and you did not have the keys on your person, law enforcement would have a much harder time proving that you had actual physical control of the vehicle.

Call Our Fort Lauderdale Sleeping in Car Attorney Today

If you were charged with a DUI, or received a citation after sleeping in your vehicle, our Fort Lauderdale criminal defense attorney at Meldon Law can assist with your case. Call us today at 800-373-8000 or contact us online to schedule a free consultation and to learn of your legal options.