After a long drive across the desert or a late night in Las Vegas, the thought of sleeping in your car might seem like a practical and responsible choice. But while your intentions may be good, the legal reality in Nevada is more complicated than you might think. While no specific state law forbids sleeping in your vehicle, doing so can put you at risk of a serious criminal charge: Driving Under the Influence (DUI).
This guide explains Nevada’s laws, the critical concept of “actual physical control,” and how you can rest in your car without facing legal trouble.
The Legal Paradox: Not Illegal, But Risky
In Nevada, there is no statute that makes it a crime to sleep in your car. Law enforcement officers are unlikely to bother you if you are simply resting. However, their primary duty is to ensure public safety, which includes performing wellness checks on people they see asleep in vehicles.
This is where the situation becomes precarious. If an officer approaches your car and suspects you are impaired by alcohol or drugs, the wellness check can quickly turn into a DUI investigation. Even if the car is turned off and you are fast asleep, you could be arrested.
The DUI Trap: Understanding “Actual Physical Control”
The greatest legal danger when sleeping in your car while intoxicated is being charged with a DUI. Nevada law does not require you to be actively driving to be found guilty. Instead, a prosecutor only needs to prove that you were in “actual physical control” of the vehicle while impaired…