What Happened
A Brookhaven woman was arrested on felony DWI charges late Sunday night after crashing her SUV into the woods with her two toddler sons inside, according to the Suffolk County Police Department.
Jesher Rivera-Barreto was driving a 2006 Toyota 4Runner southbound on Horseblock Road when she lost control at the intersection with Montauk Highway at approximately 11:25 p.m. The vehicle left the roadway and crashed into the woods. Her passengers were her 1-year-old and 4-year-old sons.
All three — Rivera-Barreto and both children — were transported to NYU Langone Hospital – Suffolk following the crash. The Suffolk County Police Department press release does not specify the severity of their injuries, though the incident has been classified as moderate in severity.
Rivera-Barreto was charged under Leandra’s Law following the crash. No additional details about her BAC level, speed, or the precise cause of the loss of control were included in the official police release.
Location & Road Context
The crash occurred at the intersection of Horseblock Road and Montauk Highway in Brookhaven, a high-traffic corridor in central-southern Suffolk County. Montauk Highway (NY Route 27A) is one of the South Shore’s primary east-west arterials, running through numerous densely populated communities. The intersection sits in an area where residential and commercial uses converge, with the southbound approach to Montauk Highway representing a transition point where drivers move from a local road onto a busier state route. Our local incident database includes 634 recorded accidents in Suffolk County, underscoring the county’s ongoing road safety challenges.
Investigation & Legal Proceedings
Rivera-Barreto was charged with driving while intoxicated with a child passenger under Leandra’s Law (New York Vehicle and Traffic Law §1192-b) following the crash. Police have not yet confirmed whether additional charges — such as child endangerment — were filed. The case is expected to be arraigned at Suffolk County District Court in Central Islip and proceed through Suffolk County criminal court.
What This DWI Charge Means
New York’s Vehicle and Traffic Law §1192 establishes a tiered system of impaired-driving offenses. A DWAI (Driving While Ability Impaired) applies at a BAC of 0.05–0.07 and is a traffic infraction carrying fines up to $500 for a first offense. A standard DWI (BAC of 0.08 or higher) is a misdemeanor on a first offense, punishable by fines of $500–$1,000, up to one year in jail, and a minimum six-month license revocation. An Aggravated DWI (BAC of 0.18 or higher) carries steeper fines of $1,000–$2,500 and a minimum one-year revocation. Mandatory ignition interlock device installation applies to all DWI and Aggravated DWI convictions.
Leandra’s Law — VTL §1192-b — layers a separate and more serious consequence on top of those base charges. Any person convicted of driving while intoxicated with a child under 16 in the vehicle is guilty of an automatic class E felony on a first offense, regardless of BAC or prior record. A class E felony in New York carries a potential sentence of up to four years in state prison. If the child suffers serious physical injury, the charge escalates to a class C or B felony with significantly higher sentencing exposure.
Drivers who refuse a chemical breath or blood test in New York face immediate consequences independent of any criminal outcome: a one-year license revocation for a first refusal, a $500 civil penalty, and the refusal itself is admissible as evidence of consciousness of guilt at trial. Repeat refusals carry an 18-month revocation and a $750 civil penalty.
Case Status & Updates
As with all arrests, the charges against Jesher Rivera-Barreto are accusations. She is presumed innocent unless and until proven guilty in a court of law. The case is expected to be arraigned at Suffolk County District Court in Central Islip and will proceed through the Suffolk County criminal court system.
Long Island Traffic monitors DWI cases through the courts and updates each report as arraignment outcomes, pleas, and sentencing information become part of the public record. Check back at longislandtraffic.com/accidents/ for further developments in this case.
Broader Impact
Sunday night’s crash on Horseblock Road was not an isolated event on Long Island’s roads. The same night, nine people were arrested and 12 vehicles impounded after a street takeover elsewhere in Suffolk County, and the prior day brought a multi-victim crash involving a limo bus and pickup truck in Southold. The combination of a late-night solo crash and two child passengers makes this case a direct application of exactly the scenario Leandra’s Law was enacted to address following the 2009 death of 11-year-old Leandra Rosado in a drunk-driving crash on the Taconic State Parkway.