In New York State, Leandra’s Law elevates any DWI to an E Felony if a child age 15 or younger is a passenger in the vehicle at the time. This significantly increases the potential penalties (fines, license revocation period, potential jail sentence, etc.) and ramifications of a DWI arrest, even if it is a first time DWI. If you are charged with a felony Leandra’s Law violation, certain counties have created diversion programs that allow the offenders to work on their substance abuse issues through a DWI Court or similar monitoring, then avoid felonization once the program is successfully completed. Your eligibility for such programs is determined on a case-by-case basis. If charged under this statute, you should seek a legal consultation prior to your first Court date.

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