The crime is a felony under Leandra's Law.
Officers spotted 49-year-old Cirilo Francisco-Diaz, of Westbury, speeding and weaving in and out of lanes on West Old Country Road in Hicksville just after 1 a.m. Sunday.
The cop who pulled him over says the suspect's 10-year-old son was in the front passenger seat at the time.
The boy was released to a family friend.