CENTRAL ISLIP, NY - New York's Leandra's Law turns a first-offense Driving While Intoxicated charge into a Class E felony when a child aged 15 or younger is in the vehicle, and requires an ignition interlock device for every DWI conviction in the state. Suffolk County DWI defense attorney Jason Bassett of the Law Offices of Jason Bassett, P.C. (https://jbassettlaw.com/what-is-leandras-law-ny-dwi/) explains how the statute applies, the penalties it imposes, and the defenses that may apply to a child-passenger DWI charge.
According to Suffolk County DWI defense attorney Jason Bassett, Leandra's Law was signed by Governor David Paterson on November 18, 2009, and took effect one month later. The law was named after Leandra Rosado, an 11-year-old girl who was killed in a 2009 crash on the Henry Hudson Parkway. "Before the law passed, prosecutors typically charged drunk drivers with children in the car with misdemeanor DWI plus Endangering the Welfare of a Child," Bassett explains. "Leandra's Law gave the state a much stronger tool: a standalone felony that applies on a first offense."
Suffolk County DWI defense attorney Jason Bassett notes that the felony charge under VTL § 1192(2-a)(b) applies whenever a driver violates any impaired driving subsection of the statute with a child age 15 or younger as a passenger. That includes per se DWI with a BAC of 0.08 or higher, common-law intoxication, DWI by drugs, and DWI by the combined influence. A driver does not need a high BAC or a prior record to face the charge, and there is no exception for a child who is the driver's own son or daughter.
Attorney Bassett emphasizes that penalties escalate based on what happened to the child. A baseline conviction with no injury is a Class E felony punishable by up to four years in prison and fines between $1,000 and $5,000. If the child suffers serious physical injury, the charge becomes a Class C felony with a 15-year maximum sentence. If the child dies, the charge is elevated to a Class B felony carrying up to 25 years in prison.
Beyond prison time and fines, Bassett notes that a conviction triggers mandatory license revocation of at least one year, often five years of probation, a court surcharge of $520, and required ignition interlock installation on every vehicle the driver owns or operates. The IID must remain installed for at least 12 months, and driving any vehicle without the device during the restriction period is a separate Class A misdemeanor. New York's Clean Slate Act now allows eligible felony convictions to be automatically sealed after eight years, provided the driver meets specific requirements and stays free of new convictions.
When the driver is a parent, guardian, or person legally responsible for the child, the arresting officer must report the incident to the Statewide Central Register of Child Abuse and Maltreatment under Title 6 of Article 6 of the Social Services Law. That report opens a separate civil investigation by Child Protective Services running parallel to the criminal case. The firm handles Leandra's Law cases at Suffolk County District Court in Central Islip, often at the Cohalan Court Complex, and in Suffolk County Court for indicted matters.
"The CPS investigation can affect custody arrangements, visitation rights, and family court matters long after the criminal case is resolved," attorney Bassett points out. For parents in professions that require clean CPS records, such as teachers, daycare workers, nurses, and foster parents, an indicated report can have career consequences even if the criminal charge is later reduced or dismissed.
Common defenses include challenging the traffic stop, questioning breathalyzer calibration and administration, contesting common-law intoxication evidence based on the officer's observations, and disputing the child's age when it falls near the cutoff. In some cases, prosecutors may agree to reduce a Leandra's Law felony to a misdemeanor DWI or even a DWAI charge when the evidence has weaknesses. Throughout the process, the defendant also faces parallel DMV proceedings that can suspend the license independently of the criminal court.
For drivers facing Leandra's Law charges in Suffolk County, the decisions made in the first days after arrest often shape the outcome of the entire case. Contacting an experienced DWI defense attorney early may help preserve driving privileges, protect family relationships, and limit collateral consequences.
About Law Offices of Jason Bassett, P.C.:
Law Offices of Jason Bassett, P.C. is a Central Islip-based law firm focused on criminal defense and DWI matters. Led by attorney Jason Bassett, a former Assistant District Attorney in Queens County and member of the National College for DUI Defense, the firm represents clients throughout Suffolk County, Nassau County, and the surrounding areas. The office is located at 320 Carleton Avenue in Central Islip. For consultations, call (631) 259-6060.
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Website: https://jbassettlaw.com/
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Company Name: Law Offices of Jason Bassett, P.C.
Contact Person: Jason Bassett
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Phone: (631) 259-6060
Address:320 Carleton Ave # 4200
City: Central Islip
State: New York 11722
Country: United States
Website: https://jbassettlaw.com/
