Index

New York Leandra's Law (Child Endangerment in DWI)

Summary

Driving while intoxicated or impaired with a child under 16 in the vehicle is a felony offense in New York.

Rights & Rules

  • 01.
    It is a felony to operate a motor vehicle while intoxicated (DWI) or impaired by alcohol or drugs (DWAI) if a passenger under the age of 16 is present in the vehicle.
  • 02.
    Convicted drivers must install and maintain an ignition interlock device on any vehicle they own or operate for a period of at least 12 months.

Penalties

  • 01.
    First offense: Class E felony, punishable by a minimum of 1 year in jail and up to 4 years in state prison.
  • 02.
    Fines ranging from $1,000 to $5,000.
  • 03.
    License revocation for at least one year.
  • 04.
    Mandatory installation of an ignition interlock device for at least 12 months.

Verified Citations

New York Vehicle and Traffic Law - Section 1192 (2-a). Aggravated driving while intoxicated

Source
"A person is guilty of aggravated driving while intoxicated when such person operates a motor vehicle while such person has .08 of one per centum or more by weight of alcohol in their blood... and is operating such motor vehicle with a child, eighteen years of age or less, as a passenger in such vehicle."