The Widespread Effects of Leandra's Law

September 01, 2010

Despite a flood of protest from local governments, a provision of Leandra's Law requiring ignition interlock devices for all New York drivers convicted of DWI is set to soon go into effect. These devices connect the ignition of an offender's vehicle to a breath alcohol analyzer, and prevent the vehicle from starting if the driver does not pass a breath test. As of August 15, every New York county is required to adopt a comprehensive ignition interlock program.

Some local governments, while optimistic about the law's intended effects, are worried about the financial burden created by the mandated installation and monitoring of the devices. In Dutchess County, for example, between 750 and 900 drivers are convicted of DWI each year; formerly, the Probation Department had monitored only about 20 offenders a year who were ordered to install ignition interlock devices following a felony DWI conviction. The new ignition interlock requirement is just one of the many impacts Leandra's Law has had on the state, suspects, and convicted defendants.

An Overview of Leandra's Law

Leandra's Law (named for Leandra Rosado, an 11-year-old killed in an alleged drunk-driving accident) took effect December 18. One of the toughest impaired-driving laws in the nation, it was targeted at those who drive under the influence of drugs or alcohol with children in the vehicle. Under the law, driving while intoxicated with a minor passenger age 15 or younger is a felony punishable by up to four years in prison. This is a significant departure from typical DWI sanctions, where first-time offenses are normally not felonies. Penalties stiffen if a minor passenger is harmed in an accident; intoxicated drivers who seriously injure a minor passenger may face up to 15 years in prison, while those who cause the death of a minor passenger may be sentenced to up to 25 years in prison.

And DWI offenders driving with minor passengers must install an ignition interlock device in their vehicle, a requirement under Leandra's Law that all felony and misdemeanor DWI offenders will soon have to meet.

According to state officials, between its inception last December and June 14, there were about 250 arrests under Leandra's Law (information on convictions is pending, as many of those arrested are still awaiting trial). For the state, this may mean (1) the added costs of enforcing the new law; (2) trying felony cases that defendants are more likely to adamantly defend; and (3) paying the prison bill for those eventually convicted. And with the ignition interlock provision applying to all DWI offenders, the cost of monitoring individuals will fall on taxpayers, likely at the county level. (In 2009, more than 23,000 people were sentenced for felony and misdemeanor DWI charges in New York.)

The impact of the new legislation has been felt most heavily by those individuals arrested and convicted of violating Leandra's Law. In addition to the possibility of a lengthy prison term, convicted offenders now face permanent status as a felon, which may have lifetime consequences like employment limitations or restrictions on travel outside of the state. Even suspects not yet convicted are subject to new burdens; the cost of defending against a felony charge is substantial, and given the seriousness of the possible penalties, acceptable plea agreements are likely to be difficult to obtain in more cases.

Eventually, the hope of the New York legislature is that Leandra's Law will lead to increased deterrence, thereby lowering the number of DWI offences and resulting in decreased costs to the state, both in terms of lives saved and criminal justice system expenses. However, some experts warn that many more arrests should be expected before the augmented penalties make motorists think twice before drinking and driving.

What to Do If You Are Charged

Considering how recent the changes in New York's DWI laws are, it is no surprise that many people may not have knowledge of the potential penalties they may be subject to if arrested for DWI. Charges under Leandra's Law, or any New York DWI provision, are very serious, and should not be taken lightly. While no one wants to see children injured in drunk-driving accidents, it is also important to ensure suspects are not presumed guilty under any law. An experienced attorney can help ensure that you are not unfairly made an example. If you are arrested on suspicion of DWI, take care to safeguard your rights and immediately contact a DWI attorney.

Article provided by Tom Anelli, The DWI Guy
Visit us at www.anellilaw.com