• 22
  • December
    2011

A New York husband and wife were both arrested for DWI in early December when they switched places following a drunk driving accident. The couple had three children in the car with them. They are both facing New York felony DWI charges.

According to police, the husband was driving on Transit Road in Clarence, New York when he rear-ended another vehicle. He pulled into a parking lot and before police arrived, witnesses observed his wife get into the driver's seat to make it look like he was operating the vehicle.

The husband later admitted that he switched places to avoid being charged with DWI. The man had previously been convicted of DWI in 2003. Because of the prior conviction, his drunk driving charge was upgraded to a felony.

You Don't Have to Be Driving to Get a DWI

The man's wife was also charged, even though she wasn't actually operating the vehicle. This draws attention to a little-known New York law - you don't have to be driving to be charged with DWI.

Under New York law, a person can be charged with drunk driving so long as he or she has shown intent to operate a motor vehicle. Sitting behind the wheel and having possession of the keys is sufficient evidence to warrant arrest.

Even though the wife was trying to help her husband, she ended up making things more difficult for herself and her family. It's never a good idea to switch seats to try to take the blame for a drunk driver.

Leandra's Law Violations

Both the husband and the wife were charged with violating "Leandra's Law." Named after an 11 year-old girl who was killed in a New York drunk driving accident, the law - also known as the Child Passenger Protection Act - makes it a felony to drive drunk with children under age 16 in the car.

Drivers charged under Leandra's Law will automatically have their driver's license suspended while they await prosecution. Parents charged under the law will be reported to the Statewide Central Register of Child Abuse and Maltreatment.

What to Do if You Are Arrested for DWI

New York has heavy punishments for DWI crimes. Both the husband and wife in this case may be facing up to four years in jail.

It's worth noting that both the husband and the wife refused to take a breath test. Although chemical test refusal may limit the evidence available to be used against you, it does come with strict civil penalties including a $500 fine and a one-year license revocation. You will need to weigh these options and make the decision that is right for you.