Key Legal Considerations
Maryland’s Shelter Rule (established in Atkinson v. State, 1993) provides a defense against DUI charges if you can prove you were not in “actual physical control” of the vehicle. Factors determining control include:
- Engine/ignition status: Turned off .
- Key placement: Not in the ignition (e.g., stored in the trunk or glove compartment) .
- Parking location: Legally parked and not obstructing traffic .
- Driver position: Sleeping in the backseat rather than the driver’s seat .
Courts also consider headlight usage, intent to drive, and whether the driver was awake or asleep.
Risks of DUI Charges
Even with precautions, sleeping in your car while intoxicated can lead to arrest if officers suspect intent to drive. Factors increasing DUI risk include:
- Keys accessible in the cabin .
- Vehicle parked in a way suggesting imminent movement (e.g., facing traffic) .
- Signs of intoxication during police interaction.
Local Restrictions
Some municipalities, including Ocean City, explicitly prohibit sleeping in vehicles:
- Ocean City bans sleeping in cars within city limits and on beaches between 10 PM–6 AM.
- Anne Arundel County may enforce similar ordinances depending on location.
State vs. Local Laws | Details |
---|---|
State Law | No blanket ban, but DUI risks apply based on “actual physical control.” |
Local Ordinances | Prohibited in Ocean City and potentially other municipalities. |
Best Practices to Minimize Legal Risks
- Avoid the driver’s seat: Sleep in the backseat.
- Secure keys: Place them in the trunk or glove compartment.
- Park legally: Choose private property (with permission) or non-restricted public areas.
- Document intent: Inform someone via text/call about your plans to sleep it off.
While Maryland’s Shelter Rule offers protections, local laws and subjective officer judgments create legal gray areas. Prioritize rideshares or designated drivers to avoid complications. If sleeping in your car is unavoidable, follow the guidelines above to reduce DUI risks.
- https://owossoindependent.com/the-legality-of-car-sleeping-in-maryland-what-you-need-to-know/
- https://frizwoods.com/blog/Shelter-Rule
- https://somdcriminaldefense.com/maryland-dui-im-asleep-in-my-parked-car-can-i-be-arrested-for-dui/
- https://www.afshinpishevarlaw.com/sleeping-off-the-alcohol.html
- https://www.ocmdlawyer.com/post/sleeping-in-your-vehicle
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