As everybody knows by now Jim Leyritz has been charged with DWI and DWI that Causes a Death in Forida. The question posed today is what would happen if the same incident had occurred here in New York. Generally, in most DWI cases that result in a death the defendant is eligible to receive little or no jail time and probation. But New York has been cracking down recently. For example, many will remember the Heidgen case in which the defendant was charged and convicted of murder because the prosecutor believed that his actions constituted a “depraved indifference to human life”. There is also a new law enacted in New York charging the crime of Aggravated Vehicular Homicide. To be convicted the State must prove a BAC over .18 or more than one death or that the driver was suspended for another DWI related charge. It appears Leyritz would not have to face this charge under the facts but for Sophia Santos, the first person charged under this new law, she must face up to 25 years in prison.