DWI and New York State Leanda's Law

On August 15, 2010 the second part of Leandra's law went into effect for New York State drivers convicted of DWI. The law was named after 11-year old Leandra Rosado who died as a passenger in a October 2009 car accident driven by Carmen Huertas. Huertas pleaded guilty to manslaughter.

The new tough law forces anyone convicted of DWI to install a breathalyzer device in their vehicle for a period of 6 months.

The interlock requires the driver to pass a breathalyzer in order to start the engine. Continuous monitoring while driving down the road is also performed. It is know as a mandatory interlock device.

This device has installation fees for set up and monthly maintenance fees. Under the Leandra's Law, the convicting judge can decide whether to have a video camera and GPS device installed for monitoring also.

The interlock device records all the activity on the breathalyzer and the information is sent to a probation officer.

If a failed test is recorded it could lead to more extended time with an interlock device in a vehicle.

The first part of Leandra's Law went into effect in December of 2009 making conviction of a DWI with a child under the age of 15 in the vehicle a felony.