What is New York’s Leandra’s Law? – DWI With Children In the Vehicle
Leandra’s Law is a series of child endangerment laws that impose potentially higher penalties on motorists who place a child or children passengers at risk while driving under the influence (DWI / DUI) of alcohol or drugs.
Motorist that are charged with driving while intoxicated (DWI / DUI) or impaired by drugs while a child younger than 16 years old is in the vehicle may be charged with a Class E felony punishable by up to four years in state prison.
If a motorist is convicted of DWI / DUI in New York with a child in the vehicle then the court will require the motorist to install and maintain an ignition interlock device (IID) on any vehicle owned or operated by the driver for at least six months, in addition to any terms of sentence.
Motorists that are convicted of driving while intoxicated or driving while impaired by drugs ( DWI / DUI / DWAID) and cause serious physical injury to a child in the vehicle may be charged with a Class C felony, punishable by up to 15 years in state prison.
Additionally, Leandra’s law requires that motorists who are convicted of driving while intoxicated or impaired by drugs ( DWI / DUI / DWAID) and cause the death of a child younger than 16 in the car may be charged with a Class B felony, punishable by up to 25 years in state prison.
If the motorist is a charged with a driving while intoxicated or impaired by drugs while that child is a passenger in the vehicle the motorist is reported to the Statewide Central Register of Child Abuse and Maltreatment by the arresting agency if the motorist is a parent, guardians, custodian or other who are legally responsible for a child.