NEW YORK, NY – Drivers accused of driving while intoxicated with a child in the vehicle face felony exposure under New York’s Leandra’s Law, even without any prior DWI history. Manhattan DWI defense attorney Rachel Kugel of The Kugel Law Firm (https://thekugellawfirm.com/aggravated-driving-while-intoxicated-with-a-child-passenger-in-ny/) is explaining how the aggravated charge works, what penalties may apply, and what the arrest process typically looks like.

According to Manhattan DWI defense attorney Rachel Kugel, Leandra’s Law makes it a Class E felony under Vehicle and Traffic Law Section 1192(2-a)(b) to operate a vehicle in violation of the state’s impaired driving statutes while a passenger age 15 or younger is present in the car. “This charge applies even to first-time offenders with no prior record at all,” Kugel explains. “Many drivers don’t realize how quickly a standard DWI stop can turn into a felony case once a child is in the vehicle.”

Manhattan DWI defense attorney Rachel Kugel notes that a baseline conviction can carry up to four years in state prison, fines between $1,000 and $5,000, and at least one year of license revocation, with more serious felony charges possible if the child passenger suffers serious physical injury or dies as a result of the incident. The law also requires an ignition interlock device for covered convictions, generally ordered for at least twelve months from the date of sentencing.

Attorney Kugel adds that a Leandra’s Law arrest can trigger a separate child protective investigation when the driver is a parent, guardian, or other person legally responsible for the child passenger. “The criminal case and the child protective process are separate proceedings, with different standards of proof and different goals,” she notes. “Parents facing both processes at once need to understand how each one works and how they may interact.”

The firm also explains that defense strategies often focus on the legal basis for the initial traffic stop, whether chemical testing was properly administered and documented, and whether standardized field sobriety tests followed the required procedures. New York’s DWI plea bargaining restrictions limit how these felony charges can ultimately be resolved, making early case review particularly important for the defense.

Kugel notes that a felony conviction under Leandra’s Law can also create longer-term consequences beyond the criminal sentence itself, including potential employment barriers for positions involving driving or public safety, housing considerations under New York City’s Fair Chance Housing Law, and possible professional licensing review depending on the person’s occupation.

“Every part of the arrest, from the initial stop to the chemical test and the arraignment, deserves careful review,” advises Kugel. Drivers facing a Leandra’s Law charge should seek legal guidance as early as possible in the case to preserve every available defense option.

Kugel represents clients throughout Manhattan and New York City in DWI and aggravated DWI cases, reviewing the traffic stop, chemical testing records, and court paperwork that may affect the outcome of a felony child-passenger case.

Kugel notes that a Leandra’s Law arrest can also lead to a Statewide Central Register report when the driver is legally responsible for the child passenger, triggering a separate agency review that follows its own timeline and standard of proof. An indicated finding from that review is a lower evidentiary standard than the beyond-a-reasonable-doubt standard used in the criminal case, and it may become relevant in a later Family Court custody or visitation matter.

A Leandra’s Law charge can bring felony consequences, license issues, and child safety concerns all at once. Contacting an experienced DWI defense attorney promptly may help protect a driver’s rights throughout the criminal court process.

About The Kugel Law Firm:

The Kugel Law Firm is a New York-based criminal defense firm dedicated to DWI and DUI defense throughout Manhattan and New York City. Led by attorney Rachel Kugel, the firm represents clients facing impaired driving charges, including felony-level Leandra’s Law cases. For consultations, call (212) 372-7218.

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Company Name: The Kugel Law Firm
Contact Person: Rachel Kugel
Email: Send Email
Phone: (212) 372-7218
Address:111 E 125th St 2nd Fl
City: New York
State: New York 10035
Country: United States
Website: https://thekugellawfirm.com/new-york-dwi-lawyer/