DWI With a Passenger Under 15 Is a Felony: Understanding Leandra's Law in New York

What Is DWI With a Passenger Under 15?

DWI with a passenger under 15 is a Class E felony in New York State under Vehicle and Traffic Law Section 1192(2-a)(b), commonly known as Leandra's Law. This serious criminal offense elevates what would typically be a misdemeanor DWI charge to a felony when a child under the age of 16 is present in the vehicle at the time of the impaired driving offense.

Named after Leandra Rosado, an 11-year-old girl who was killed in a drunk driving crash in 2009, Leandra's Law was enacted on November 18, 2009, to provide increased criminal sanctions for driving while intoxicated or under the influence of drugs with children in the vehicle. The law applies to any DWI offense under VTL Section 1192, except for DWAI (Driving While Ability Impaired) under VTL 1192(1).

Key Statistics: DWI With Children in the Vehicle

According to research conducted by the Institute for Traffic Safety Management and Research (ITSMR), the statistics surrounding impaired driving with children present are sobering:

• 6,646 drivers were ticketed for aggravated DWI with a child under 16 in the vehicle (VTL 1192.2ab) over the ten-year period from 2010-2019
• 17% of these drivers were involved in a crash in conjunction with their arrest
• 97% of the 5,602 drivers whose cases were adjudicated were convicted
• Of the approximately 6,000 drivers charged with Aggravated DWI (ADWI) each year from 2014-2018, 19%-20% had a BAC at or above 0.18

Source: ITSMR - ADWI/Child in Vehicle Report (September 2020)

Penalties for DWI With a Passenger Under 15

A conviction for DWI with a passenger under 15 carries severe penalties that can have life-altering consequences:

• Class E Felony - This is a criminal felony offense, not a misdemeanor
• Jail Time - Up to 4 years in state prison
• Fines - Between $1,000 and $5,000
• License Revocation - Minimum of 1 year, often longer
• Ignition Interlock Device - Required installation for any person convicted of a misdemeanor or felony DWI under Leandra's Law. Learn more about ignition interlock requirements
• Criminal Record - A felony conviction creates a permanent criminal record that can affect employment, housing, professional licenses, and firearm ownership

Ignition Interlock Requirements Under Leandra's Law

One of the key components of Leandra's Law is the expanded use of ignition interlock devices. According to ITSMR research:

• Between August 2010 and June 2015, 27% of the 86,000 drivers convicted of alcohol-impaired driving and ordered to install an ignition interlock device actually had the device installed
• The law makes ignition interlocks applicable to any person convicted of a misdemeanor or felony DWI

Source: ITSMR - Impact of the Expansion of the Ignition Interlock Sanction (September 2015)

Impaired Driving Statistics in New York

Understanding the broader context of impaired driving in New York helps illustrate why Leandra's Law was necessary:

• In 2019, 409 persons died in impaired crashes, representing 44% of the state's traffic fatalities
• 30% of impaired drivers in 2019 were in the 21-29 year age group; 27% were ages 30-39
• Approximately 85,000 incidents of drinking and driving occur every day on New York roadways, with approximately 1 out of 500 resulting in an arrest
• There is an extremely high frequency of drinking and driving among convicted offenders, with their perception of risk of arrest for DWI being low. For more information on the history of DWI enforcement, see our timeline of DUI prosecutions in New York

Sources: ITSMR - Impaired Crashes on New York Roadways: 2015-2019 (January 2021) and ITSMR - Drinking and Driving Behavior of Motorists in NY State (November 2009)

Why This Charge Is So Serious

DWI with a passenger under 15 is treated as a felony because it represents an extreme endangerment of a child. The law recognizes that children are particularly vulnerable passengers who cannot protect themselves or make decisions about their safety. When an adult chooses to drive while impaired with a child in the vehicle, they are making a decision that puts that child's life at risk.

The consequences extend far beyond the immediate legal penalties. A felony conviction can:

• Prevent you from obtaining certain professional licenses
• Limit employment opportunities, especially in fields requiring background checks
• Affect housing applications
• Restrict firearm ownership rights
• Create barriers to educational opportunities
• Impact child custody and visitation arrangements

Defending Against Leandra's Law Charges: Technical Defense Strategies

If you are facing charges for DWI with a passenger under 15, it is critical to retain experienced legal counsel immediately. The stakes are exceptionally high because this is a Class E felony that applies across all of New York State, not just a misdemeanor DWI. The Benjamin Goldman Law Office has experience defending clients against DWI charges throughout New York State.

Defense strategies for Leandra's Law cases must focus on the technicalities of this kind of case:

• Challenging the validity of the traffic stop and whether it was legally justified
• Questioning the accuracy of field sobriety tests and whether they were administered correctly
• Examining the reliability of breathalyzer or chemical test results, including calibration records and operator certification
• Investigating whether proper procedures were followed during arrest and testing, as procedural errors can be critical in felony cases
• Reviewing whether the child's age was properly established and documented at the time of arrest
• Exploring potential constitutional violations that could lead to suppression of evidence
• Challenging whether the underlying DWI charge can be proven, as Leandra's Law requires a valid DWI conviction

Every Leandra's Law case is unique, and an experienced attorney can identify the specific weaknesses in the prosecution's case, particularly regarding age verification and the technical requirements for felony enhancement. The high conviction rate (97% of adjudicated cases) makes aggressive, technical defense essential.

Contact an Experienced Traffic law Defense Attorney

If you are facing charges for DWI with a passenger under 15 under Leandra's Law, do not delay in seeking legal representation. This is a Class E felony that applies across all of New York State, and the consequences are severe. The Benjamin Goldman Law Office is a traffic ticket and DWI defense firm that has been in operation since 2011. We have experience representing clients facing DWI/DUI cases throughout New York State.

We offer free consultations and can be reached by phone, text message, email, or website submission. Contact us at your convenience to discuss your case and explore your legal options.

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Sources

All statistics and research findings cited in this article are from reports published by the Institute for Traffic Safety Management and Research (ITSMR). These reports are available at:

https://www.itsmr.org/research-and-reports/impaired-driving/

Specific reports referenced include:

• ADWI/Child in Vehicle (Published September 2020)
• Impact of the Expansion of the Ignition Interlock Sanction (Published September 2015)
• Impaired Crashes on New York Roadways: 2015-2019 (Published January 2021)
• Drinking and Driving Behavior of Motorists in NY State (Published November 2009)
• BAC Testing Rates & BAC Levels of Alcohol-Impaired Drivers on NY Roadways (Published November 2018)
• New York State's Aggravated DWI (ADWI) Law (Published August 2019)
• Impaired Driving Arrests: A Decade of Change 2009-2018 (Published September 2019)
• Recidivism in New York State: 2018 Status Report (Published August 2020)
• A Study on Drinking and Driving in NY State: Survey of Drivers (Published March 2010)
• A Study on Drinking and Driving in NY State: A Focus Group Approach (Published December 2009)