DWI Related Child Endangerment
Being charged with a DWI can result in severe penalties including fines, surcharges, DMV fees, probation, jail and more. However, being charged with a DWI when a child is in the car is even more serious. In New York, under what is known as Leandra’s law when a person commits a DWI with a child under 16 years of age in the car the motorist can be charged with a Felony.
Leandra’s Law is named after Leandra Rosado who was an 11 year old that was killed in a DWI related crash. Under Leandra’s law even a first time offender can face a Class “E” felony and 4 years in prison if they drive while intoxicated by alcohol or impaired by drugs with a child under 16 in the car.
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At Tilem & Associates, PC, we understand how sensitive an area this can be. We also know parents sometimes make mistakes. With over 30 years of experience, our DWI lawyers hve the comprehensive knowledge and experience with New York laws and court proceedings in order to protect your rights, reputation, and freedom.DWI Child Endangerment
In 2009, New York enacted extensive DUI Child Endangerment laws. If you are arrested or investigated for DWI, DWAI or any alcohol or drug related driving incident you should immediately contact one of our attorneys. This is even more true if the case involves a child in the car.
If an individual is charged for a DWI or DWAI when a child of 15 years or younger is in the vehicle, it is considered a Class E felony. Penalties may include a prison sentence between one and a half and four years.
If an individual is charged with a DWI or DWAI when a child of 15 years or younger is in the vehicle and suffers a serious physical injury, it is considered a Class C felony. Penalties include a prison sentence between three and a half and 15 years.
If an individual is charged with a DWI or DWAI drugs when a child of 15 years of younger is in the vehicle and that child dies as a result of the person’s intoxicated driving, it is considered a Class B felony. Penalties include a prison sentence between five and 25 years.
In addition to the potential criminal consequences. A person charged with DWI with a child in the car can face a Child Protective Services or Administration for Children Services Investigation and potentially a Family court case. Police are actually required by law to notify the Statewide Central Register of Child Abuse and Maltreatment if a parent is arrested for DWI with a child in the car. Our lawyers have the experience and knowledge to deal with these collateral issues related to a DWI charged under Leandra’s law.Let Tilem & Associates, PC Fight for You Today!
If you have been arrested for DWI Child Endangerment for driving your child while being intoxicated or drugged, there is a possibility of having your child taken away from you in addition to these significant punishments. Our New York DWI attorneys are dedicated to helping you get the outcome you desire and rebuilding the trust with your family.
Contact our firm and schedule your consultation with a DWI lawyer in New York today.