The Legality of Car Sleeping in Wisconsin: What You Need to Know

The legality of sleeping in your car in Wisconsin is generally permissible, but there are important considerations to keep in mind:

Legal Aspects

Wisconsin does not have a statewide law prohibiting sleeping in your car. However, there are some key restrictions:

• You can sleep in your car at any Wisconsin State rest area or wayside, but for no more than 24 hours.
• It is illegal to park and sleep on public highways or adjacent lands in Wisconsin.
• Local ordinances may have specific regulations, so it’s important to check the rules for the particular area you’re in.

Safety Considerations

When sleeping in your car in Wisconsin, keep these safety tips in mind:

• Park in a legal and safe location, such as rest areas, truck stops, or certain store parking lots (with permission).
• Be aware of your surroundings and choose well-lit areas when possible.
• In cold weather, take precautions to stay warm without risking carbon monoxide poisoning.

OWI Concerns

Sleeping in your car while intoxicated can lead to OWI (Operating While Intoxicated) charges in Wisconsin:

• Even if you’re not driving, you can be charged with an OWI if you’re in control of the vehicle while intoxicated.
• Factors courts consider include the location of the keys, whether the engine is running, and your position in the vehicle.
• To avoid OWI charges, it’s best not to sleep in your car if you’ve been drinking, or take precautions such as sleeping in the back seat with the keys out of reach.

Best Practices

If you need to sleep in your car in Wisconsin:

• Choose designated rest areas or legal parking spots.
• Obtain permission if parking on private property.
• Be prepared to show your license and registration if approached by law enforcement.
• Avoid sleeping in residential areas or places where overnight parking is prohibited.

By following these guidelines, you can generally sleep in your car legally and safely in Wisconsin. However, it’s always best to use this as a temporary solution and seek more permanent accommodations when possible.

Sources

1. https://us1049quadcities.com/is-it-legal-to-sleep-in-your-car-in-wisconsin/
2. https://www.grgblaw.com/wisconsin-trial-lawyers/sleeping-long-night-drinking-owi-charges
3. https://eisenberglaw.org/when-sleeping-in-your-car-becomes-an-owi/
4. https://967theeagle.net/wisconsin-wake-up-call-stay-awake-in-your-car-or-else/
5. https://www.buyevscars.com/blog/is-it-okay-to-sleep-in-your-car-in-milwaukee/