Suffolk County police say Kenneth Danielsen was driving in Selden on Wednesday evening when he collided with a pickup truck.
His children, two 12-year-olds and a 10-year-old, were not injured.
Police charged Danielsen with aggravated driving while intoxicated with a child passenger less than 16 years old, a felony under the Child Passenger Protection Act known as Leandra's Law.
He was scheduled to be arraigned on Thursday. It was not immediately known if he had a lawyer.
