ALBANY - The New York State Senate passed legislation, sponsored by Senator Charles Fuschillo, Jr. (R-Merrick) to strengthen Leandra’s Law.  The legislation would ensure that offenders comply with the provision of the law requiring them to use ignition interlocks.

“Ignition interlocks prevent drunk drivers from getting behind the wheel and have saved an untold number of lives” said Senator Fuschillo, Chairman of the Senate’s Transportation Committee and a sponsor of Leandra’s Law.. “That’s why we included them under Leandra’s Law. However, nearly 70 percent of the drunk drivers ordered to use interlocks are not doing so; that needs to change.  Strengthening Leandra’s Law would ensure that convicted DWI offenders receive alcohol monitoring to ensure that they do not drive drunk again.  I applaud the Senate for passing this legislation and urge the Assembly to approve it as well,”

Leandra’s Law was passed in 2009 following the tragic death of 11 year old Leandra Rosado, who was killed while riding in a car driven by her friend’s intoxicated mother.  As part of Leandra’s Law, all convicted DWI offenders must install and use an ignition interlock in all vehicles they own or operate for a period of at least six months after their DWI conviction.  Ignition interlocks are breath test devices linked to a vehicle’s ignition system which prevent the car from starting if alcohol is detected in the driver’s breath.

The legislation sponsored by Senator Fuschillo (S6636), would help strengthen Leandra’s Law by:

• Clarifies that offenders must install ignition interlocks on any car they own or operate or the car they used to commit the DWI offense. Offenders would not only be required to install and maintain an interlock, they would also be prohibited from driving without one;

• Requiring offenders who demonstrate good cause for not installing any interlock to instead wear a transdermal alcohol monitoring device, such as an ankle bracelet, which would detect whether the offender has been consuming alcohol in violation of their sentencing conditions.  As with the interlock, the costs of installing and maintaining the device would be borne by the offender;

• Preventing offenders from getting a license without fulfilling either the interlock or transdermal alcohol monitoring device requirement.  This would ensure that offenders cannot avoid alcohol monitoring, eliminating a major incentive to try and evade the interlock requirement;

• Requiring DMV to receive specific authorization to remove the interlock restriction; it would not automatically be removed after 6 months;

• Making it clear that failing an interlock is a violation of the offender’s sentencing conditions;

• Creating felony charges for convicted DWI offenders who drive drunk again while holding a conditional license.