You’ve probably been there. It’s late, you’ve got a long drive ahead of you, and you can’t fight the yawns.
Maybe you’ve wondered: Can I just lean my car seat back and get a little sleep?
There’s no law against sleeping in your vehicle in Wisconsin, according to the state Department of Transportation. But there are rules about where and how long you do so.
Here’s what you should know.
What does Wisconsin law say about sleeping in your car?
Wisconsin law outlines common-sense practices regarding where you can’t park your vehicle, to sleep in or otherwise. Those locations include on a sidewalk, within 25 feet of a railroad crossing, obstructing a highway and on private property without the owner’s consent, among other places.
It also prohibits camping by any person on public highways or adjacent lands.
There will likely be additional local ordinances or restrictions related to parking. In Milwaukee, for example, residents and non-residents must obtain an overnight parking permit which allows parking between 2 and 6 a.m. on most streets that have public parking. In the winter, no parking is permitted on through highways and bus routes from 2 a.m. to 6 a.m.
Can I sleep at Wisconsin rest areas?
Wisconsin has 28 so-called “Safety Rest Areas” that offer restrooms, drinking water and car and truck parking. Like elsewhere across the state, camping is prohibited at these rest areas.
So is long-term parking, which the Department of Transportation defines as a vehicle parked at such a site for more than a 24-hour period.
If you want to park there for less than 24 hours to catch some shut-eye, there is no rule that prohibits it.
Where are Wisconsin’s rest stops?
Can I sleep in the parking lot of a store?
Peruse enough car-camping Facebook groups and Reddit threads and you’ll find that some larger chains occasionally allow people to sleep in their vehicles in their parking lots.
This isn’t a guarantee. You should ask permission before settling in for a snooze.
Can I ‘sleep it off’ in my car in Wisconsin?
We all know driving after you’ve had too much to drink is an absolute no-go. But Wisconsin’s laws about operating while intoxicated are broader than that.
You don’t have to be driving a vehicle, just operating one, to be at risk of getting into trouble. In state law, “operate” is defined as “the physical manipulation or activation of any of the controls of a motor vehicle necessary to put it in motion.”
That means having your keys in the ignition, even if your car is parked, could constitute “operating.” In other words, it’s best to find a safer place to sleep than behind the wheel.
This article originally appeared on Milwaukee Journal Sentinel: Can I sleep in my car in Wisconsin? Here’s what the law says
Reporting by Madeline Heim, Milwaukee Journal Sentinel / Milwaukee Journal Sentinel
USA TODAY Network via Reuters Connect
