Leandra’s Law is a New York state law that mandates harsher punishment for certain DWI offenses. Enacted in 2009, Leandra’s Law creates tougher penalties, including license suspension, for impaired drivers who have children in the car with them. It also requires ignition interlocks for convicted drivers.

More specifically, Leandra’s Law states that first-time offenders with children under the age of 16 in the car who drive with a blood alcohol content of 0.08 or higher, or who are intoxicated by drugs, may be charged with a class E felony, which carries a state prison sentence of up to four years. If a child is killed while a driver is intoxicated or under the influence of drugs, the driver may be charged with a Class B felony, which carries a state prison sentence of up to 25 years. If a child is seriously injured while a driver is intoxicated or under the influence of drugs, the driver may be charged with a Class C felony, which carries a state prison sentence of up to 15 years. If the intoxicated driver is the child’s parent, the police are required to report the incident to the Statewide Central Register of Child Abuse and Maltreatment.

The driver’s license of anyone driving intoxicated with a child in the car will immediately be suspended pending conviction, and the installation of an ignition interlock on any car the driver operates for a minimum of 1 year is required. An ignition interlock device prevents a vehicle’s motor from starting unless the driver exhales into the device and has a BAC of less than 0.025. Further, at random times while the driver is driving, the device requires more breath samples. Some ignition interlock devices also have built-in cameras to record who exhales into the device.

Getting an ignition interlock device installed in one’s car is a great inconvenience and is very expensive at $100 for installation, $100 monthly for operation and another $100 to de-install. All of these expenses are to be paid by a convicted driver alone. It is essential that the accused to seek the help of knowledgeable and experienced attorneys to navigate this tough, new law and minimize some of the inconveniences and expenses that come with a conviction.

Source: SafeNY.gov, “Leandra’s Law Information,” accessed Oct. 8, 2014