Leandra's Law Explained: DWI With a Child in the Car Is a Felony on a First Offense

If you’re facing a DWI charge involving a child passenger, it’s natural to feel worried about what comes next. New York’s Leandra’s Law makes this a serious case, even for someone with no prior record. But an arrest is an accusation, not a conviction, and the details of the evidence and charges matter.

Here’s what the law says, what else may be at stake, and why getting advice early can help you understand your options.

What is Leandra’s Law?

Leandra’s Law is the name commonly used for New York’s Child Passenger Protection Act. It was signed into law in 2009 and took effect on December 18, 2009. The law is named for Leandra Rosado, an 11-year-old who died in a crash while riding with an impaired driver.

Under New York Vehicle and Traffic Law (VTL) § 1192(2-a)(b), a driver may face a felony charge for operating a vehicle while impaired by alcohol or drugs with a passenger who is 15 or younger. The child does not have to be injured for the charge to apply.

The charge can relate to several underlying DWI offenses, including driving with a blood alcohol concentration of .08% or more, common-law intoxication, and certain forms of drug impairment. The exact charge depends on the facts and the way the prosecutor presents the case. You can read the New York Courts’ overview of Leandra’s Law (https://www.nycourts.gov/courthelp/criminal/leandra.shtml) and review VTL § 1192 (https://www.nysenate.gov/legislation/laws/VAT/1192).

Why can it be a felony on a first offense?

Many people assume a felony DWI requires a prior conviction. Leandra’s Law is different. If the prosecution proves the required elements, a child-passenger DWI under the law is a Class E felony even when the person has no prior DWI conviction.

A Class E felony conviction can carry a sentence of up to four years in prison and a fine of $1,000 to $5,000. These are legal maximums, not a prediction of what will happen in a particular case. The outcome depends on the charge, evidence, prior record, court decisions, and other case-specific factors.

The number of children in the vehicle can also matter. In May 2026, New York State Police announced a Westchester County case in which a driver was charged with three counts after three children under 16 were found in the vehicle. That case is an example of how prosecutors may file separate counts for separate child passengers. An arrest and charges are still allegations; they do not prove guilt. Read the State Police announcement (https://troopers.ny.gov/news/connecticut-man-arrested-three-counts-dwi-leandras-law-after-thruway-traffic-stop-westchester).

What may happen to your license and driving privileges?

A criminal case is only one part of the picture. A Leandra’s Law case can also have consequences through the New York Department of Motor Vehicles.

For example, New York Courts explains that a person charged with driving with a BAC of .08% or higher while a child 15 or younger is in the vehicle may have their license suspended during the criminal case. What happens depends on the charge and the circumstances, so it’s important to review the paperwork and deadlines with a lawyer.

A conviction can bring additional driving restrictions. The DMV says a person convicted of Aggravated DWI/Child in Vehicle must generally be sentenced to probation or a conditional discharge and use an ignition interlock device in vehicles they own or operate. The device must generally stay in place for at least 12 months unless the court permits otherwise. The New York DMV explains Leandra’s Law and ignition interlock requirements (https://dmv.ny.gov/points-and-penalties/leandras-law-ignition-interlock-devices).

A conviction for an alcohol- or drug-related driving offense may also trigger a Driver Responsibility Assessment. The DMV currently lists that assessment as $250 per year for three years, for a total of $750. It’s separate from court fines and surcharges, and it applies after conviction, not simply because you were arrested. See the DMV’s Driver Responsibility Assessment information (https://dmv.ny.gov/points-and-penalties/driver-responsibility-assessment-dra).

Could a case affect custody or involve child protective services?

It can. If a child was in the vehicle, child protective services may receive a report and look into the child’s safety. An investigation is not the same as a finding of abuse or neglect, and it does not automatically mean a child will be removed from a parent’s care. The agency’s response depends on the circumstances and its assessment of safety.

A criminal court may also issue an order of protection involving a child or another person. In some situations, there may be a separate Family Court matter. Neither an order of protection nor a custody change is automatic in every Leandra’s Law case. The actual court order and the facts of the case determine what restrictions apply.

If you’re a parent or caregiver, take any court papers, agency contact, or restrictions seriously. Ask a lawyer how to respond before you make decisions that could affect the criminal case or your family-court situation.

What does a former prosecutor look at first?

When reviewing a Leandra’s Law case, former prosecutor Yvonne Garbett starts with the paperwork and the evidence, not assumptions about what happened. She looks closely at:

• The exact charge: Which part of VTL § 1192 is listed, and how is the child-passenger allegation described?

• The stop and investigation: What did officers observe, and how did the encounter unfold?

• Test results and statements: What tests were requested or performed? Are there video, audio, or other records to review?

• The child-passenger details: What does the evidence show about the child’s age and presence in the vehicle?

• Deadlines and restrictions: Is there a DMV issue, court date, or order that needs attention right away?

Each case is different. A close review helps identify questions that may affect the charges, evidence, or next steps. The Law Office of Yvonne Garbett handles criminal matters in Rockland, Orange, and Westchester counties. You can learn more about DWI defense or contact the office.

An accusation isn’t a conviction

A Leandra’s Law arrest can feel overwhelming, especially when you’re also thinking about your license, your family, and your future. Still, the charge is not the same as a finding of guilt. The prosecution must prove the case, and the evidence deserves careful review.

If you’re facing a charge in Rockland, Orange, or Westchester County, consider speaking with a lawyer promptly. Early advice can help you understand your court papers, protect important deadlines, and make informed choices.

Talk with the Law Office of Yvonne Garbett

For help understanding a Leandra’s Law charge, visit garbettlaw.com or call or text 845-290-2492. Service is available in English and Spanish.