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.

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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.

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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.

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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.