It likely has happened to you or someone you know. You had one too many drinks, and instead of getting behind the wheel, you decide to sleep it off in the car before you head to your destination. Or maybe you or someone you know hit hard times and was forced to live in their vehicle for some time. In either situation, it is important for you to know whether or not this is allowed under the law.
Sleeping in Your Car
When someone is too tired or inebriated to drive, one option aside from using ridesharing services is to take a nap in the car. Depending on the circumstances, however, this can still land you a driving under the influence (“DUI”) charge in Nevada. Under state law, sleeping in a vehicle is illegal and could result in a DUI charge if:
- The sleeping person is high or drunk; or
- There is an illegal amount of controlled substances or alcohol in the sleeping person’s bloodstream; and
- The person is in actual physical control of the vehicle.
According to the Nevada Supreme Court, someone is in “actual physical control” of a vehicle when they have the ability to direct, influence, dominate, or regulate the car. Simply put, you are considered to be “in control” of the vehicle if the key is in the ignition—even if the vehicle is turned off. Likewise, if the person is asleep in the driver’s seat or the vehicle is parked in an area that suggests they drove to that place while intoxicated, they may be charged with a DUI. You can take several steps to avoid getting a DUI in Nevada for sleeping it off in your car by:
- Turn the engine off right away;
- Keeping the car keys away from the vehicle’s ignition;
- Make sure you sleep in the backseat;
- Be sure that you park your vehicle in a legal spot.
If you follow the above steps, you may be able to either avoid a DUI charge or provide a criminal defense attorney with evidence that can raise sufficient reasonable doubt so that a prosecutor has more trouble getting a conviction.
Living in Your Car
The past two years of the global COVID-19 pandemic created a slew of new challenges for many. This included job losses, food insecurity, inflation, increased housing prices, and even homelessness. The last issue forced many people to lose their housing and call their vehicles home, according to news reports. Nevadans are parking and living inside of their vehicles, vans, and RVs along state routes where there are “no parking” signs posted all along the roadway. These vehicles are showing up without notice and remaining for days or even months, particularly between September and May.
According to the laws of the City of Las Vegas, it is against the law to live inside of your vehicle or an RV on a residential street. A person doing so may encounter a code enforcement officer who has the authority to issue fines and fees for the violation.
Simply put, it is illegal to live in your vehicle and likely illegal to sleep in your car when it comes to Nevada law.
