In NY, driving while intoxicated with a child in the car is a felony charge if the motorist has a blood alcohol content (BAC) of .08 or greater and has a child under the age of 16 in the vehicle. This offense, known as a Leandra’s law violation under vehicle and traffic law 1192(2-a)(b), is punishable by up to 4 years in prison and/or up to 5 years of probation and a fine of up to $5,000.00 plus almost $520 in surcharges. For a first-time Leandra’s Law violation, your license will be revoked for a minimum of one year. In addition, there is a mandatory DMV Driver Assessment Penalty of $750. If you are convicted of violating Leandra’s Law, you must install an ignition interlock device in any vehicle you own or operate for at least 1 year.
