The New York Child Passenger Protection Act, also known as Leandra’s Law, makes penalties for drunk driving with child passengers the toughest in the nation.

Beginning on December 18, 2009, Leandra’s Law makes it a first-time Class E felony offense for driving under the influence of alcohol and/or drugs while transporting passengers age 15 and under. The offense carries a sentence of one to four years in state prison, a fine of $1000 to $5000, and the issuance of a mandatory ignition interlock device.

In the event of serious physical injury or death to a child, Leandra’s Law increases penalties. If a child is injured, the driver will be charged with a Class D felony and face a state prison sentence of one to seven years. If reckless driving is a contributing factor, the charge will be a Class C felony with a maximum prison sentence of 15 years.

A driver who causes the death of a child will be charged will be a Class C felony having a maximum sentence of 15 years. If reckless driving is a contributing factor, the driver will be charged with a Class B felony with a maximum sentence of 25 years.

Leandra’s Law was drafted in the wake of the tragic crash on Oct. 11, 2009 that resulted in the death of 11-year-old Leandra Rosado. Leandra was killed when the intoxicated driver of the vehicle crashed her car, carrying six other child passengers.