Sleeping in your car in New Hampshire is generally legal at public rest areas, but there are important legal nuances and risks to be aware of.
Sleeping in Your Car at Rest Areas
New Hampshire does not have any statewide laws or rules prohibiting sleeping in your vehicle at highway rest areas. In fact, the state encourages drowsy drivers to pull over and rest in their cars rather than continue driving or sleep outside on the ground or picnic tables.
There is no statewide time limit for staying at a rest area, and overnight parking is permitted unless a specific rest area has posted restrictions.
However, camping is not allowed. State law prohibits pitching a tent or placing a sleeping device (such as a sleeping bag on the ground) at rest areas or along public highways, but sleeping inside your vehicle is not considered camping under this law.
Private Property and Trespassing
If you choose to sleep in your car on private property—such as a store parking lot—you could be liable for trespassing if the property owner has not given permission. Always check for signage and, when in doubt, ask for permission to avoid legal issues.
Drunk Driving Laws and Car Sleeping
A significant legal risk in New Hampshire is related to alcohol. Even if you are not driving, simply being in your car while intoxicated—such as sleeping off a night out—can result in a drunk driving charge.
New Hampshire law allows police to charge you with drunk driving if you are in “actual physical control” of the vehicle, which can include sleeping in the driver’s seat or even the backseat if you have access to the controls. This applies even if the car is inoperable or not running.
Attempts to change this law—including a recent legislative proposal—have failed due to opposition from law enforcement organizations, so the risk remains.
Practical Advice
If you’re tired: Rest areas are your best and safest option for sleeping in your car.
If you’re intoxicated: Do not sleep in your car. Call a friend, use a ride-hailing service, or find another safe way home. The risk of a drunk driving conviction is too high.
On private property: Always get permission or check for posted rules to avoid trespassing charges.
Sources:
1. https://www.boondockersbible.com/learn/new-hampshire-rest-area-rules/
2. https://wokq.com/is-it-illegal-to-sleep-in-your-car-in-new-hampshire/
3. https://www.nashuanh.gov/1189/Overnight-Parking
4. https://www.thezebra.com/resources/car-insurance/is-it-illegal-to-sleep-in-your-car/
