FARMINGVILLE, N.Y. (CBSNewYork) — Suffolk County Police arrested a Center Moriches man on Sunday under Leandra’s Law, an automatic felony on the first offense to drive drunk with children in the vehicle.

Police say Miguel Alvarado-Gonzales was driving a Jeep Cherokee in the drive-thru lane of McDonald’s on North Ocean Avenue where he fell asleep at the wheel.

Alvarado-Gonzales’ 3-year-old and 4-year-old sons were inside the vehicle.

After a McDonald’s employee called 911, police arrested Alvarado-Gonzales after finding his Jeep and following him to a Stop & Shop Gas Station parking lot.

Alvarado-Gonzales is facing charges of aggravated driving while intoxicated with a child passenger 15 years or Younger — Leandra’s Law — and two counts of endangering the welfare of a child.

He was expected to be arraigned in a Central Islip court on Sunday.

Police say both children were released into the custody of their mother.

Leandra’s Law, also known as the Child Passenger Protection Act, was named for Leandra Rosado, an 11-year-old girl killed on the Henry Hudson Parkway in 2009 after the driver of the car she was riding in crashed and later plead guilty to charges.

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