![]() 18 percent or higher is a misdemeanor aggravated DWI offense with enhanced penalties. ![]() Driving while one’s blood alcohol level is. Other types of “aggravated” driving while intoxicated can result in enhanced punishment for a DWI offense. ![]() State Police report that he was driving with a. It is alleged that the man had an argument with his wife and drove off with the boy. In a recent arrest, a 29-year-old man was arrested and charged with a Leandra Law violation, which is a class E felony, when New York State Police found him to be intoxicated while driving with his 3-year-old son in the car. The law provides for a punishment of up to four years in prison, even if the defendant is a first time offender. This is popularly called Leandra’s Law, which was passed in 2009 in memory of an 11-year-old girl who was killed while a passenger in a car driven by a DWI operator who lost control of her vehicle. In New York it is a particularly egregious offense to be driving while intoxicated with a child under the age of 16 as a passenger.
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