Assemblyman David Buchwald (D-Westchester) announced that legislation he sponsored strengthening Leandra’s Law was signed by Governor Cuomo (Chapter 169 of 2013). This new law sets forth stronger regulations regarding ignition interlocks, which are breath test devices that prevent cars from starting if the driver is intoxicated.
“There is no excuse for senseless drunk driving,” Assemblyman Buchwald said. “Stronger DWI laws have gone on to save lives in New York State, and this new law helps close loopholes for those repeat drunk driving offenders to keep families safer on the road.”
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Under the existing Leandra’s Law, which was signed in 2009 and named after 11-year old victim Leandra Rosado, it is a felony on the first offense to drive drunk with a child under 16 years old inside the vehicle. Also under this law, all convicted DWI drivers are prohibited from driving a vehicle unless it is equipped with an ignition interlock device for a minimum of six months, making driving without the device a criminal offense.
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The new law strengthens these measures by creating felony charges for convicted DWI offenders who decide to drive drunk again while holding a conditional license. A conditional license is to be used only to drive to essential destinations like work and school, and can be issued to drivers who lose their license after a drunk-driving conviction if they are enrolled in an alcohol and drug rehabilitation program. Prior to this new law, driving drunk on a conditional license was only a traffic infraction, whereas driving with a revoked license is a felony.
Additionally, the minimum period of interlock installation is increased from six months to one year, with a reduction to six months after the offender has submitted proof that the he or she installed and maintained the ignition interlock device for at least six months. Also, youthful offenders are now subject to the same ignition interlock requirements as adults.
“Too many families have felt a tragic loss due to drunk driving. All drunk drivers need to be held accountable, as we continue to focus on meaningful measures of prevention for the safety of our children and loved ones,” Assemblyman Buchwald said.
