New York Lawmakers Increase Drunk Driving Penalties With Leandra's Law

September 23, 2010

Tragic cases often inspire new legislation. When 11-year-old Leandra Rosado was killed late last year when she was riding in a car with a drunk driver, New York lawmakers wasted no time in passing a law in her name, in the hopes of preventing similar future incidents.

Leandra's Law makes it a felony for anyone with a blood alcohol content level of .08 or higher to drive with a child 15 or younger in the car, punishable by up to four years in prison. Under the law, if a child passenger is seriously injured by an intoxicated driver, the driver faces up to a 15 year sentence.

In addition to the elevated penalties for drunk driving with children in the car, the law significantly increased the collateral consequences of drunk driving for all individuals convicted of DWI.

Law Mandates Controversial Ignition Interlock Devices

Under a provision of Leandra's Law that took effect in mid-August, anyone convicted of driving while intoxicated are now required to install ignition interlock devices on any car they drive. With these devices, drivers must pass a breath test demonstrating that they have not consumed alcohol before a car will start.

Notably, this provision applies to all people convicted of DWI in New York -- not just those who are driving with children in the car. New York is now one of twelve states that mandate ignition interlock devices for all people convicted of drunk driving.

Supporters of the Law: A Balance Between Safety and Mobility

For those who support the law, this requirement seems a reasonable compromise between the need for mobility and the safety of all people on the road.

Taking away an individual's driving privileges for an extended period of time can be an incredible burden. Without the ability to drive, an individual may have trouble getting to work, transporting children to school or participating in many day-to-day activities.

However, those who have been convicted of DWI have arguably demonstrated a willingness to put the safety of others on the road at risk. By mandating the installation of a mechanical barrier to driving, lawmakers appear to promote safety interests while still allowing those convicted of DWI to drive.

Opponents of the Law: An Unreasonable Burden With Questionable Benefits

The law is not without criticism. Counties in New York will bear the burden of monitoring these devices, but they were not given state funding for this purpose. More than 25 counties have requested a delay in enactment of these requirements, claiming that they cannot accept another unfunded mandate.

For those who are convicted of DWI, these devices impose a significant financial burden. Ignition interlock devices costs between $75 and $100 to install, coupled with a monthly fee of $70 to $100. Depending on the circumstances of the individual driver, these devices must be installed for a minimum of 6 months and a maximum of 3 years. These fees can become rather costly.

Additionally, some have questioned the effectiveness of these devices. A study conducted by the California Department of Motor Vehicles concluded that although these devices work for some offenders in some contexts, they are not universally effective. Notably, the state concluded that ignition interlock orders did not seem effective for first time offenders with high blood alcohol levels.

Despite the controversy, though, the law has taken effect. Those convicted of DWI will be required to install ignition interlock devices. To avoid the expense and hassle of these devices, one must avoid a DWI conviction. For more information regarding the consequences of DWI in New York State, speak with a knowledgeable criminal defense lawyer.

Article provided by Raymond D. Sprowls, Attorney at Law
Visit us at www.sprowlslaw.com