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New York driving lesson · Alcohol and Other Drugs

Interlocks, Leandra's Law & avoiding trouble

A 4-minute lesson from the New York course. Read the rules and examples, follow the handbook page references, and check your understanding before you move on.

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Read time
4 minutes
Course unit
Alcohol and Other Drugs
Checkpoint questions
6
Source pages
59, 60

A DWI conviction doesn't end with the fine. Courts order breath-testing ignition locks, a child in the car can turn the offense into a felony, and a crash can bring homicide charges. The best plan is made before the first drink.

Ignition interlock

A device, bought and installed at the driver's expense, connected to the ignition. It measures breath alcohol; the vehicle won't start without an acceptable sample.

Handbook p. 59 ↗

Know the rule

Courts must order everyone convicted of DWI or aggravated DWI (or a penal law offense with an alcohol-related VTL 1192 element) to install and keep an interlock on any vehicle they own or operate for at least 12 months.

Handbook p. 59 ↗

Know the rule

The court may waive the 12-month period if the defendant shows the interlock was installed for at least six months, unless it orders a longer period. Repeat offenders must get an alcohol assessment, and treatment may be a condition of probation.

Handbook p. 59 ↗

Know the rule

Leandra's Law: committing one of these alcohol-related offenses with a child under 16 in the vehicle may be charged as a class E felony, punishable by up to four years in prison.

Handbook p. 59 ↗

Conditional license

A license DMV may issue after an alcohol-related conviction, valid only for essential trips such as school, work and medical appointments.

Handbook p. 59 ↗

Know the rule

Driving drunk with a conditional license is a felony. The conditional license is revoked if you don't comply with the court's terms or are convicted of any traffic offense except parking, stopping or standing.

Handbook p. 59 ↗

Other consequences to remember:

  • Kill or injure someone: criminally negligent or aggravated vehicular homicide, vehicular manslaughter/assault
  • Those crimes carry fines in the thousands of dollars and up to 25 years in jail
  • Driving while suspended or revoked: mandatory $200–$1,000 fine and jail or probation
  • If impaired when arrested: maximum mandatory fine of $5,000, and the vehicle can be seized
  • Insurance may not cover the crash; you could be sued and find insurance hard to buy for years
  • Legal fees, plus a criminal record that makes getting or keeping a job harder
Handbook p. 59 ↗

How to avoid trouble:

  • Rotate designated drivers who drink no alcohol at all
  • Stay overnight or ride home with a friend who doesn't drink
  • Before drinking, give your keys to a friend who won't let you drive
  • Call a cab, use a ride-share, or take public transportation
  • Drink slowly and alternate alcoholic and non-alcoholic drinks
  • Don't smoke, vape or eat marijuana/cannabis products before driving
  • Hosting? Don't make alcohol the focus of your event
  • Had too much? Stop drinking several hours before you plan to leave
Handbook p. 59 ↗

Put it into practice

You're convicted of a first DWI. Besides the fine and revocation, the court orders an ignition interlock on every vehicle you own or drive for at least 12 months. If your 10-year-old had been in the car, you could have faced a class E felony under Leandra's Law.

Check your understanding

Read the question, decide on an answer, then open it to check the explanation. These are Roadwise study questions based on the source handbook.

For how long must a court-ordered ignition interlock device typically remain installed?
  1. At least 3 months
  2. At least 12 months
  3. At least 24 months
  4. At least 6 months, with no exceptions

Answer: At least 12 months

Courts must order an ignition interlock installed for at least 12 months for DWI/Agg-DWI convictions.

Handbook p. 59 ↗
Under Leandra's Law, what makes an alcohol-related driving offense a Class E felony?
  1. A BAC over .20 percent
  2. A second offense within 5 years
  3. A child under 16 aboard
  4. Refusing the chemical test

Answer: A child under 16 aboard

Leandra's Law makes it a Class E felony to commit an alcohol-related offense with a child under 16 in the vehicle.

Handbook p. 59 ↗
What is a conditional license restricted to?
  1. Any driving except on expressways
  2. Essential trips like work or school
  3. Driving only with a licensed adult
  4. Driving only between 9 AM and 5 PM

Answer: Essential trips like work or school

A conditional license may be used only for driving to essential destinations such as school, work and medical appointments.

Handbook p. 59 ↗
What happens to a conditional license if the holder gets any traffic conviction besides parking, stopping, or standing?
  1. Nothing, as long as fines are paid
  2. It is suspended for 30 days only
  3. It is revoked
  4. It is suspended for 90 days

Answer: It is revoked

The conditional license will be revoked for a conviction for any traffic offense except parking, stopping, or standing.

Handbook p. 59 ↗
Leandra's Law can turn an alcohol-related driving offense into a felony if a child under 16 is in the vehicle.
  1. True
  2. False

Answer: True

Leandra's Law makes it a Class E felony to drive drunk with a child under 16 in the vehicle.

Handbook p. 59 ↗
A court may waive the 12-month ignition interlock requirement even if the device was never installed.
  1. True
  2. False

Answer: False

The court may waive the 12-month requirement only if the defendant shows the device was installed for at least six months.

Handbook p. 59 ↗
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