Charged With Felony DWI/DUI?
On November 18, 2009, it became a felony in New York to drive under the influence of alcohol or drugs if there is a child under age 16 in the car. With the passage of the Child Passenger Protection Act, or Leandra's Law, the state made an effort to reduce drunk driving and child endangerment by drastically increasing the penalties for drunk driving.
To protect your rights after a DWI arrest, it is best to work with an experienced attorney. At Silver, Forrester & Lesser, P.C., we have more than 45 years of experience with DWI and other criminal defense cases. You can rely on our firm for responsive service, thorough investigative work and knowledgeable counsel. To schedule a consultation with a New Windsor DWI/DUI with minor lawyer, please call 845.764.4757 or toll free at 866.687.1338, or contact us online.
The Penalties Are Severe
Under Leandra's Law, first-time DWI offenders with a .08 percent or higher blood alcohol content (BAC) and driving while ability impaired by drugs (DWAI-drugs) offenders who have a minor child in the vehicle may be charged with a class E felony. The maximum penalty for a class E felony is four years in prison.
Alcohol- or drug-impaired drivers who cause serious physical injury to a child in the vehicle may be charged with a class C felony, which is punishable by up to 15 years in prison. The maximum charge a person may face under this law is a class B felony, punishable by up to 25 years in prison if the driver causes the death of a minor child in the car.
A parent, guardian or custodian of a child who is charged with DWI or DWAI-drugs while that child is in the car can be reported to the Statewide Central Register of Child Abuse and Maltreatment. This could result in the temporary or permanent loss of parental or custodial rights.
Another increased penalty created by Leandra's Law is the installation of an ignition interlock device in all vehicles owned by the offender for at least six months, in addition to any imprisonment term. Ignition interlock devices render a car inoperable unless the driver proves by a breath test that he or she is not legally intoxicated.
Do not risk your freedom, driver's license or record. Speak with one of our attorneys today to learn how we may be able to help you fight DWI charges.
Contact Silver, Forrester & Lesser, P.C. — Orange County DWI/DUI With Child in Car Lawyers
Please call 845.764.4757 or toll free at 866.687.1338 to schedule an attorney consultation.