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Leandra’s Law

The Child Passenger protection act, also known as Leandra’s law was signed into law on November 18, 2009. Under Leandra’s law, driving with a blood alcohol level of .08 or more with a child 15 years old or younger is an E felony charge, punishable by up to 4 years incarceration. 

Leandra’s law also established another new category of driving while intoxicated called Aggravated DWI for those convicted of driving while intoxicated with a bac of .18 or more.

Other provisions of the law require those convicted of driving while intoxicated after August 15, 2010, to install and maintain an ignition interlock device on any vehicle they own or operate for a minimum of 12 months unless otherwise adjusted by the court. An ignition interlock device measures the amount of alcohol in the operator’s breath. The interlock device is connected directly to the automobiles ignition system and will not permit the automobile to turn on until the motorist provides an acceptable breath sample. Those who have been ordered by the court to install and maintain an ignition interlock device, yet fail to do so, may be charge with a misdemeanor punishable by up to 1 year incarceration. In addition, those who do not install an ignition interlock device when required to do so will have their license suspended for a minimum of 1 year.

Those who assist someone to circumvent an ignition interlock device, such as blowing into an ignition interlock device for a friend who is intoxicated may be charged with a criminal offense as well.