Welcome To Our Blog

Welcome To Our Blog

Thursday, December 28, 2017

What Is Leandra's Law? DWI With A Child & How It Is Different Than A Regular DUI Charge

Driving While Intoxicated is considered to be a serious offense regardless of the situation.

However, there are certain circumstances in which a DWI charge may be considered more serious than other DWI charges and come with stricter penalties.

One instance in which a DWI is automatically considered more serious is when a driver operates a vehicle under the influence of drugs and/or alcohol while a child is a passenger in the vehicle.

What Is Leandra's Law?


Leandra's Law, also known as the Child Passenger Protection Act, is a piece of legislation that deals with DWI charges involving a driver who endangers the welfare of a child by operating a vehicle under the influence of drugs or alcohol while a child in the vehicle.

The New York State law is named after Leandra Rosado, a DWI victim who was eleven years old when she was killed in a car accident in which she was a passenger in a vehicle being operated by a drunk driver.

Leandra's Law was signed into law on November 18, 2009, and makes it an automatic felony to drive drunk with a person who is 15 years or younger inside the vehicle.

VTL 1192.2-a(b) Charges & Penalties


According Vehicle and Traffic Law 1192.2-a(b):

  • First time offenders driving while intoxicated (.08 Blood Alcohol Content [BAC] or more) or impaired by drugs, with a 15 year old or younger child passenger can be charged with a class E felony punishable by up to 4 years in prison.
  • 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 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.
  • 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 the Class C felony, punishable by up to 15 years in State prison.
  • Even if no child is in the vehicle, anyone convicted of any felony or misdemeanor drunk driving offense is sentenced - in addition to any fine, jail or prison sentence – to a period of probation or conditional discharge. During that period, the driver is required to install and maintain an Ignition Interlock Device, for at least 12 months, in any motor vehicle he or she owns or operates. The driver also has an ignition interlock restriction added to his or her 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.

Were You Arrested For Driving Under The Influence In New York?


If you were arrested on DUI charges in the State of New York you could be facing serious charges and penalties. Our DWI defense attorneys defend drivers who have been arrested on DWI charges. We are dedicated to obtaining favorable outcomes, such as reduced charges and penalties, for all of our clients facing DUI charges. 

Contact one of our local offices listed below for a free consultation with a DWI attorney to learn about your legal rights after a DUI arrest:

Acocella Law Group
2900 Westchester Ave #405
Harrison, NY 10577
914-888-2430

Acocella Law Group
31-19 Newtown Ave #901c
Queens, NY 11102
718-395-4770

Acocella Law Group
20 Crossways Park Dr #210a
Woodbury, NY 11797
203-697-8604