What is New York's 'Leandra's Law' regarding DWI with a child in the car?

What the Law Says

Leandra's Law, enacted in 2009, created new felony offenses under New York’s Vehicle and Traffic Law for driving while intoxicated or impaired when a child under 16 is in the vehicle.

The law targets drivers who operate a motor vehicle while impaired by alcohol or drugs with a child passenger under age 16. It establishes two main offenses: aggravated DWI with a child passenger (a Class E felony) and aggravated DWAI with a child passenger (a Class A misdemeanor).

For the felony offense, conviction carries a mandatory minimum sentence of 72 hours in jail, up to 4 years in prison, probation, fines, and mandatory installation of an ignition interlock device for at least one year after license restoration. The law also requires completion of an alcohol or drug treatment program.

Courts must order the ignition interlock for all convictions under this law — even first-time offenders — and the device must remain installed for at least one year following license reinstatement.

Statutory Text

A person is guilty of aggravated driving while intoxicated with a child passenger when such person operates a motor vehicle while in violation of section 1192 of this article and when such person has in the motor vehicle such person is operating a child less than sixteen years of age.

— Vehicle and Traffic Law § 1192(2-a)(a) — Aggravated driving while intoxicated with a child passenger

Statutory Text

Notwithstanding any other provision of law, upon conviction of a violation of subdivision two-a of section 1192, the court shall order the installation of an ignition interlock device...

— Vehicle and Traffic Law § 1198(3)(d) — Ignition interlock requirement

Sources