What Is Leandra’s Law?

Leandra’s Law, enacted in 2009, was named after 11-year-old Leandra Rosado, who tragically died in a DWI crash in Manhattan. The law significantly increased the penalties for anyone who drives while intoxicated with a child passenger under the age of 16.

The Statute: VTL § 1192.2-a(b)

A person is guilty of Aggravated DWI under Leandra’s Law when they:

1. Operate a motor vehicle while intoxicated (BAC of 0.08% or higher or otherwise under the influence of alcohol or drugs); and
2. Have a child under 16 years old in the vehicle at the time of operation.

This offense is treated as a Class E felony, regardless of the driver’s prior record.

Penalties for Leandra’s Law DWI

A conviction under Leandra’s Law carries some of the toughest penalties in New York DWI law.

First-Offense Leandra’s Law DWI

• Class E felony
• Possible state prison sentence: up to 4 years
• Probation: up to 5 years
• Fines: between $1,000 and $5,000
• Mandatory ignition interlock device (IID)
• License revocation: at least 1 year
• Mandatory reporting to the Statewide Central Register of Child Abuse and Maltreatment

If the Child Passenger Was Injured or Killed

The charge can be elevated to a Class C or Class B felony, with penalties ranging from up to 15 years to 25 years in prison.

Even if the driver is the child’s parent or guardian, Child Protective Services (CPS) may open a separate investigation that could affect custody or visitation rights.

Collateral Consequences of a Leandra’s Law Conviction

In addition to criminal penalties, a conviction can result in:

• Permanent felony record
• Driver’s license revocation and IID requirement
• Loss of employment or professional licenses
• Increased insurance costs and civil penalties
• Impact on family court and custody matters

Because of these long-lasting effects, Leandra’s Law charges must be defended aggressively and strategically.

Defenses Against a Leandra’s Law Charge

Although the law is strict, defenses may be available. Potential strategies include:

• Challenging BAC test results (calibration or procedural errors)
• Questioning probable cause for the stop or arrest
• Disputing signs of impairment
• Analyzing the timing of BAC testing
• Examining child passenger applicability
• Negotiating for charge reduction where appropriate

How Leandra’s Law Differs from Other New York DWI Offenses

DWAI (Alcohol) — § 1192.1

• Mild impairment
• Traffic infraction
• Maximum penalty: 15 days jail

DWI (Per Se) — § 1192.2

• BAC of 0.08% or higher
• Misdemeanor
• Maximum penalty: 1 year jail

Aggravated DWI (High BAC) — § 1192.2-a(a)

• BAC of 0.18% or higher
• Misdemeanor or felony
• Penalties up to 4 years

Leandra’s Law DWI — § 1192.2-a(b)

• Child under 16 in vehicle
• Automatically Class E felony
• Maximum penalty: up to 4 years state prison

Leandra’s Law elevates what would normally be a misdemeanor DWI to a felony even for first-time offenders.

Why You Need an Experienced New York DWI Lawyer

A Leandra’s Law arrest triggers both criminal and family court consequences. Experienced legal representation is critical.

Contact the Law Offices of Matthew Cohan today for a free, confidential consultation.