Politics & Government

Loophole Closed: DUI on a Conditional License Now a Felony

Leandra's Law, named after an 11-year-old killed by a drunken driver, made driving drunk on a revoked license a felony, but driving drunk on a conditional license only a traffic infraction.

Written by Leslie Yager

Governor Andrew M. Cuomo signed a bill on Friday strengthening Leandra’s Law. 

Originally passed in 2009, Leandra’s Law imposed tough new penalties on persons who operate a motor vehicle under the influence of alcohol with children in the vehicle. According to a release from the Governor's office, the law requires installation of an ignition interlock device on vehicles owned or operated by a person convicted of alcohol-related offenses.

Assemblyman David Buchwald, a sponsor of the stronger law, mentioned in his Patch blog that under the new law, youthful offenders are subject to the same ignition interlock requirements as adults.

“Driving under the influence puts everyone on the road at risk. By strengthening Leandra’s Law we are continuing the strides made in her memory to combat this dangerous behavior and prevent additional senseless tragedy,” Governor Cuomo said in the release.

Leandra’s Law was named after 11-year-old Leandra Rosado, who was killed in a crash while a passenger in a car driven by a drunken driver.

The law signed by Governor Cuomo on Friday updates the current law to make it a felony to drive drunk on a conditional license. Drivers who lose their license for drunk driving may be issued a conditional license when enrolled in an alcohol and drug rehabilitation program run by the Department of Motor Vehicles. A conditional license may be used only for driving to and from essential destinations such as work, school, and medical appointments. Currently, driving drunk on a revoked license is a felony, but driving drunk on a conditional license is only a traffic infraction. This change makes the penalties equivalent.

The bill also limits the circumstances in which a court can waive the installation of an interlock device to only when a person under oath attests that he or she is not the owner of a motor vehicle and will not operate any vehicle during the period of the interlock restriction. Lying under oath would be considered perjury.

The legislation also expands the requirements for the use of ignition interlock devices by making youthful offenders subject to the same ignition interlock requirements that are now applicable to adults, according to the release. 

Senator Charles J. Fuschillo, Jr., who sponsored the Senate bill, said in the release, “Leandra’s Law has been tremendously beneficial in the fight against drunk driving, but it needs to be strengthened to ensure that more DWI offenders use ignition interlocks.”

Assemblyman Harvey Weisenberg, who sponsored the Assembly bill, said in the release, “This new law closes a loophole that enabled some individuals convicted of DWI to avoid using an ignition interlock device as ordered by the court.”


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