Over 31 years · Long Island criminal defense
You had the kids in the car. Maybe it was the drive home from a barbecue, or a dinner that ran long. One drink more than you realized. Now an officer is at your window, and what would have been a misdemeanor on any other night just became a felony, because there is a child in the back seat.
I am Ed Palermo, and in 31 years of defending DWI cases on Long Island, these are some of the most frightening calls I take. Good, careful people, parents and grandparents and babysitters, suddenly facing a felony and terrified about two things at once: prison, and losing their children. So let me give you the honest answer, and then let me tell you what can actually be done about it.
Under what is known as Leandra’s Law, driving while intoxicated or impaired by drugs with a child 15 years old or younger in the vehicle is charged as a Class E felony in New York. It does not matter that it is your first offense. It does not matter that you have a spotless record. The presence of the child turns a misdemeanor DWI into an automatic felony.
The law is codified at Vehicle and Traffic Law § 1192(2-a)(b). It is named for Leandra Rosado, an 11 year old girl killed in 2009 while riding in a car driven by an intoxicated adult, and it took effect that December. A first-offense conviction is a Class E felony carrying up to four years in state prison and fines from $1,000 to $5,000. The consequences climb sharply if a child is hurt. If a child suffers serious physical injury, the charge can rise to a Class C felony. If a child dies, it can become a Class B felony carrying up to 25 years. You can read the state’s own summary on the New York Courts Leandra’s Law page.
The jump from a regular first DWI to a Leandra’s Law charge is not a small step up. It is a different category of case.
| Standard first DWI | DWI with a child 15 or under | |
|---|---|---|
| Charge level | Misdemeanor | Class E felony, first offense |
| Maximum incarceration | Up to 1 year in county jail | Up to 4 years in state prison |
| On your record | Misdemeanor | Felony |
| Ignition interlock | Required | Required |
| Separate child-welfare case | No | Yes, a parallel CPS investigation if you are responsible for the child |
This law applies to any driver, not just a mom or dad. A grandparent, an aunt or uncle, a coach, a neighbor, or a babysitter driving someone else’s child is charged the same way. The child does not have to be related to you.
Here is what catches people completely off guard, and it is the reason these cases are so much more than a criminal charge. When the driver is a parent, guardian, custodian, or otherwise legally responsible for the child, the arresting officer is required by law to report the incident to the Statewide Central Register of Child Abuse and Maltreatment. That report opens a separate Child Protective Services investigation that runs on its own track, completely apart from the criminal case in court.
So you are not fighting one case. You are fighting two. One is about your freedom. The other is about your family. And at arraignment, the court can issue an order of protection on behalf of the child, which in some situations can restrict or limit your contact with your own child while everything plays out. I have seen the family side frighten clients more than the prison exposure, and they are right to take it seriously.
The criminal court case and the CPS investigation move independently. Handling one well does not take care of the other. You need a defense that accounts for both from day one.
An automatic felony is not an automatic conviction. I have taken these cases apart by going at the things the prosecution has to prove. Was the stop lawful in the first place. Was the chemical test reliable, properly administered, and the machine properly calibrated. Do the officer’s observations actually hold up. In some cases the child’s age is genuinely in question near the cutoff. When the evidence has weaknesses, a Leandra’s Law felony can be negotiated down to a misdemeanor DWI, and in the right case even to a non-criminal DWAI. My piece on getting a DWI reduced to a DWAI explains how those reductions actually work.
I represented a practicing attorney in Suffolk County charged under Leandra’s Law and with felony Aggravated DWI after she was stopped with a child passenger and an elevated chemical test reading. A felony conviction threatened her with disbarment, the loss of her license to practice law, and possible state prison. I worked through the procedural history of the case piece by piece and negotiated directly with a senior supervisor in the Suffolk County District Attorney’s Office.
The felony was reduced to a misdemeanor that seals after 36 months. Her legal career and her livelihood were saved.
Prior results do not guarantee a similar outcome. Every case is different.
“A bad decision on one night should not cost you your family and your freedom both. My job is to make sure it does not.”
This matters where you are. Long Island, and Suffolk County in particular, has historically led the entire state in arrests under Leandra’s Law, with Nassau among the highest as well. Local prosecutors and judges treat child-passenger DWIs as a priority, and felony files are handled in the more serious courts, the Cromarty Court Complex in Riverhead in Suffolk and Nassau County Court in Mineola. That is exactly why local experience matters here. I know how these specific bureaus and judges approach these cases, because I have stood in those courtrooms for three decades.
I treat the whole picture as one problem, because for you it is. I defend the criminal felony in court, I account for the parallel child-welfare side, and I go after every weakness in the state’s proof to push the charge down and keep you out of prison and with your family. I am honest with you from the first call about what is realistic, because you have far too much riding on this to be told only what you want to hear.
I have done this across Nassau County, Suffolk County, and the East End for more than 31 years. I have never been a prosecutor. My entire career has been spent defending people like you. For related reading, see my pages on felony DWI defense, aggravated DWI, and Long Island DWI defense generally.
This is a felony, and there is a second case you may not even know about yet. Text or call my cell directly, any time, day or night.
Yes. Under Leandra’s Law, VTL § 1192(2-a)(b), driving while intoxicated or impaired by drugs with a child 15 or younger in the vehicle is a Class E felony even on a first offense, punishable by up to four years in state prison and fines from $1,000 to $5,000.
No. The law applies to any driver transporting a child 15 or younger, related or not. A grandparent, relative, coach, neighbor, or babysitter faces the same felony charge. The mandatory child-welfare report applies specifically when the driver is a parent, guardian, custodian, or person legally responsible for that child.
Often, yes. When the driver is legally responsible for the child, the arresting officer must report the incident to the Statewide Central Register of Child Abuse and Maltreatment, which opens a CPS investigation that runs separately from the criminal case. The court may also issue an order of protection on behalf of the child at arraignment.
It can be, depending on the facts. When there are weaknesses in the stop, the chemical test, the officer’s observations, or other elements the prosecution must prove, these felonies can be negotiated down to a misdemeanor and, in the right case, to a non-criminal DWAI. An automatic felony charge is not the same as an automatic conviction.
Your license is typically suspended at arraignment while the case is pending. A conviction carries a lengthy revocation and a mandatory ignition interlock device. There may also be a separate DMV proceeding, particularly if you refused the chemical test.
Get a defense lawyer involved immediately. There are two cases moving at once, the criminal felony and the child-welfare investigation, and the decisions made in the first days shape both. Do not talk to investigators about the incident before you have spoken with your attorney.
Attorney advertising. Prior results do not guarantee a similar outcome. This article is general information about New York law, not legal advice for your specific situation.
Getting pulled over and arrested for DWI can turn your world upside down in an instant. You’re worried about your job, your license, your family, and whether you’re facing misdemeanor or felony charges. The difference between the two is massive, and it’s natural to feel overwhelmed trying to figure out where you stand.
Here’s what you need to know: most first-time DWI offenses in Nassau County are misdemeanors, but several specific situations can elevate the charge to a felony. Your prior record, blood alcohol content, and the circumstances of your arrest all play a role in how prosecutors will charge your case.
Most first-time DWI offenses in Nassau County are charged as misdemeanors, not felonies. However, certain circumstances can elevate a DWI charge to felony status, which carries significantly harsher penalties.
For first-time offenders caught driving with a blood alcohol content above the legal limit of 0.08%, a DWI conviction can result in up to one year in county jail, fines between $500 and $1,000, and license revocation for up to six months.
A standard first-offense DWI in Nassau County typically includes:
A DWI becomes a felony in Nassau County under several specific circumstances:
1. Multiple DWI Convictions
If you have two prior DWI convictions within the preceding 10 years, you can be charged with a Class D felony. The progression works as follows:
2. Leandra’s Law (Child Endangerment)
Leandra’s Law imposes an automatic felony charge for people caught driving while intoxicated with a passenger under 16 years old in the car, with first-time offenders facing a Class E felony punishable by up to four years in jail.
Named after an 11-year-old victim killed by a drunk driver in 2009, Leandra’s Law makes it an automatic Class E felony to drive while intoxicated with a child under 16 in the vehicle—even for first-time offenders.
Convictions under Leandra’s Law also require:
3. Aggravated DWI
While Aggravated DWI with a BAC of 0.18% or higher is typically a misdemeanor for first-time offenders, it becomes a felony with prior convictions. An Aggravated DWI carries enhanced penalties including:
Yes. A prior out-of-state conviction for DWI or DUI counts as a prior conviction for felony purposes if it would have constituted a misdemeanor or felony violation had it occurred in New York.
This means if you have a DWI conviction from another state and are arrested in Nassau County, prosecutors can use that prior conviction to elevate your current charge to felony status. However, the specifics matter, and not all out-of-state convictions automatically qualify.
Felony DWI convictions carry severe consequences that can impact every aspect of your life:
Class E Felony DWI
Class D Felony DWI
Beyond the immediate legal penalties, a felony DWI conviction can result in:
Yes. An experienced Nassau County DWI attorney can employ several strategies to have felony charges reduced or dismissed:
Challenging the Traffic Stop Police must have reasonable suspicion to stop your vehicle and probable cause to arrest you. If proper procedures weren’t followed, evidence may be suppressed.
Questioning BAC Test Accuracy Breathalyzer machines require proper calibration and maintenance. Field sobriety tests must be administered correctly. Errors in testing procedures can invalidate results.
Negotiating Plea Agreements Skilled attorneys can negotiate with prosecutors to reduce felony charges to misdemeanors, especially for first-time felony offenders.
Diversion Programs First-time offenders may qualify for diversion programs. Upon successful completion, charges may be dropped or reduced.
Conditional Licenses Even while your case is pending, an attorney may help you obtain a conditional license for work, court appearances, and essential responsibilities.
Nassau County prosecutors take an aggressive stance on DWI cases, particularly felony charges. The consequences of a felony conviction are too severe to navigate alone:
Understanding what to expect can help reduce anxiety about your case:
For felony DWI cases, you have the right to a jury trial with 12 jurors and alternates.
Being charged with DWI—whether misdemeanor or felony—is not the same as being convicted. You have rights, and you have options. The actions you take immediately after arrest can significantly impact the outcome of your case.
Key steps to take:
If you’re facing DWI charges in Nassau County—whether misdemeanor or felony—the stakes are too high to leave anything to chance. A DWI conviction can follow you for years, affecting your career, your freedom, and your family.
Ed Palermo has extensive experience defending clients against DWI charges in Nassau County. With a deep understanding of New York DWI laws and Nassau County courts, Ed Palermo provides aggressive, strategic defense tailored to your unique situation.
Don’t face these charges alone. Contact Ed Palermo today for a confidential consultation to discuss your case and explore your defense options.
Leandra’s Law DWI offenses carry potential long-term incarceration in state’s prison as a penalty. This does not mean that you will be sentenced to jail time. It is in these situations that the skill and experience of the Suffolk County DWI Lawyer you hire is critical. I avoid jail for my clients in the overwhelming majority of cases I handle. Even in cases where jail time seems certain, I have often found the way to avoid it. I will do everything in my power to keep you or your loved one out of jail.
On Long Island, NY getting convicted of Driving While Intoxicated (DWI) can result in severe penalties. As a state with one of the toughest DWI laws, New York drivers can face steep fines, suspension or revocation of their licenses, and a possible prison sentence. It is important to get the assistance of an experienced Long Island DWI attorney who can help you understand your rights and represent your best interests.
Edward Palermo, a top-rated Long Island DWI attorney, has helped represent the rights of Suffolk County and Nassau County residents with complex DWI/DUI cases on Long Island. He has a long-standing record of successfully defending his clients and providing quality legal advice on matters of DWI/DUI and criminal defense. Contact Edward Palermo Criminal Defense today at (516) 280-2160 or (631) 265-1052 to schedule a free initial consultation on your case.
There are a lot of alcohol-related driving offenses under New York law. It can be very confusing to try and remember each one but as a simple answer to the question of whether DWI is a felony on Long island: it depends. Each DWI case is different and the different circumstances of a case can determine whether it will carry felony charges. Understanding the anatomy of a DWI case will help us determine what are the aggravating and mitigating factors involved in alcohol-related offenses on Long Island.
To understand how alcohol-related charges like DWI work on Long Island, it is important to first gain insight into what a per se DWI charge means. A per se DWI charge means that you were operating a motor vehicle with a blood alcohol content (BAC) of .08 percent. Having a BAC of .08 is considered legally drunk in New York.
A conviction of a first-offense DWI can lead to the following penalties:
Successive convictions of a DWI especially when one already has a previous conviction of an alcohol-related offense (except a DWAI) within the past ten years can lead to a felony DWI conviction. A felony DWI is one of the most severe alcohol-related offenses in New York, carrying a Class E felony charge. A person convicted of felony DWI can face the following penalties:
However, a person can be subject to harsher penalties depending on the number of prior convictions they have and how often they occurred over a specific time frame.
Compared to a per se DWI, drivers found to have been operating a vehicle with a BAC of 0.18, meaning over twice the legal limit of .08 are charged with Aggravated DWI. A first-offense Aggravated DWI conviction is considered a misdemeanor and can carry the following penalties:
If a driver commits the same offense within 10 years of a prior conviction, they may be charged with a Class E felony Aggravated DWI which carries the following penalties:
Hiring an experienced Long Island DWI attorney is crucial in building a strong legal defense and ensuring the best possible outcome in your case.
A third conviction of Aggravated DWI in ten years carries a Class D felony charge and the following penalties:
There is an additional variation to the Aggravated DWI charge wherein a minor is in the car as a passenger. If a driver is found to be operating a vehicle with a BAC of .08 (DWI) or their faculties are otherwise impaired by alcohol (DWAI) while a minor under the age of 16 is present in the vehicle, the driver could be charged with Aggravated DWI – Child in Car also called Leandra’s Law.
Conviction of an Aggravated DWI – Child in Car charge, even for a first-time offense is a Class E felony. Penalties can include the following:
The charges escalate significantly if the driver is involved in an accident and the child sustains a serious injury or dies as a result of the impaired driving:
Regardless of the charges, even for a first offense DWI, a conviction can have a significant impact on a person’s life. If you have been charged with a DWI in Nassau County or Suffolk County or anywhere on Long Island, getting the help of a qualified Long Island DWI attorney should be your priority.
At Edward Palermo Criminal Defense, top-rated DWI attorney Edward Palermo has handled hundreds of DWI/DUI cases and successfully defended the rights of Long Island residents charged with alcohol-related traffic offenses. Our skilled Long Island DWI attorneys work diligently to provide quality legal representation and to build a customized defense strategy to provide clients with the best possible outcome for their cases.
Contact Edward Palermo Criminal Defense today at (516) 280-2160 or (631) 265-1052 to schedule a free consultation with one of our Long Island DWI attorneys.
