What is Leandra’s Law, and What Does It Mean for My New York Driving While Intoxicated Case?

Leandra’s Law, officially known as the Child Passenger Protection Act, is a New York State law enacted in 2009 that imposes severe penalties on individuals who drive while intoxicated (.08 Blood Alcohol Content [BAC] or more) or impaired by drugs, with a child passenger aged 15 or younger in the vehicle. The law is named after Leandra Rosado, an 11-year-old girl who tragically died while she rode in a car with the intoxicated mother of one of her friends.

At O’Brien & Eggleston PLLC, our Albany Driving While Intoxicated (DWI) defense lawyers know, because of Leandra’s Law, driving while intoxicated or impaired by drugs a child passenger in the vehicle is automatically classified as a Class E felony, regardless of whether it is a first-time offense or not.

In addition, those convicted of violating Leandra’s Law face additional penalties. Here, our Albany County defense attorneys outline the consequences.

What are the Enhanced Penalties Associated with Leandra’s Law?

People charged with driving with a blood alcohol level of .08 or greater with a 15-year-old or younger child passenger automatically have their license suspended during the criminal case.

Drivers who drive while intoxicated or impaired by drugs and cause serious physical injury to a 15-year-old or younger child passenger may be charged with a Class C felony, punishable by up to 15 years in State prison.

Drivers who drive while intoxicated or impaired by drugs and cause the death of a 15-year-old or younger child passenger may be charged with a Class B felony, punishable by up to 25 years in State prison.

Even if no child is in the vehicle, anyone convicted of any felony or misdemeanor drunk driving offense is sentenced to a probation or conditional discharge period in addition to any fine, jail, or prison sentence. During that period, the driver must install and maintain an Ignition Interlock Device for at least 12 months in any motor vehicle they own or operate. The driver also has an ignition interlock restriction added to their driver’s license.

A parent, guardian, custodian, or anyone legally responsible for a child who is charged with driving while impaired by alcohol or drugs while that child is a passenger in the car is reported to the Statewide Central Register of Child Abuse and Maltreatment by the arresting agency.

Contact Our Albany Criminal Defense Attorneys Today

If you have been arrested for a DWI with a child in the vehicle, contact our Albany criminal defense attorneys at O’Brien & Eggleston PLLC today by calling (518)-391-2369 or online to ensure your rights are protected from the start. We have a strong track record of producing real results for our clients. Allow us to pursue the best outcome for your case, too.