Alcohol and drugs
A driver commits DWI while a 12-year-old is riding in the vehicle. Under Leandra's Law, what can the driver be charged with?
- A class E felony, with a possible prison term of up to four years. Correct answer
- A traffic infraction, the same as a first DWAI.
- A misdemeanor, punishable by up to 15 days in jail.
Why
Leandra's Law raises the stakes when a child is in the car. If a driver commits DWI, aggravated DWI or one of the related alcohol offenses the manual lists with a passenger younger than 16 on board, the charge can be a class E felony, with up to four years in prison. A 12-year-old is well inside that age limit. The traffic-infraction option describes a first DWAI, a lighter offense, and a first plain DWI without a child aboard is a misdemeanor with up to a year in jail; 15 days is the jail maximum for a first DWAI. Neither matches this case. The same law also makes it a felony to drive drunk while holding a conditional license. A passenger under 16 is enough to turn a drinking offense into a felony charge.
Where this comes from
New York State Driver's Manual (MV-21), April 2026 version. The correct answer is A class E felony, with a possible prison term of up to four years.
More on alcohol and drugs
- A court convicts a driver of DWI in New York. For at least how long must the court order an ignition interlock on any vehicle the driver owns or operates?
- A driver under 21 shows a driver license as proof of age to buy beer illegally. What does state law require?
- A driver whose license is revoked is arrested for driving, and a test shows the driver is intoxicated. What is the maximum mandatory fine the driver faces?
- A chemical test shows that a driver has a BAC of .06 percent. Under New York law, what is that result legal evidence of?