Nina Gebarowski, 38, is charged with aggravated DWI as a felony under Leandra's Law and endangering the welfare of a child.
Authorities say Gebarowski was driving her 2014 Mazda with her 2-year-old daughter as a passenger when she hit 41-year-old Manuel Ortega, who was holding his 4-year-old son.
Gebarowski is apologetic, but says the fact that she hit Manny Ortega and his four year old son was just an accident and not because she was drunk.
"There's no indication of alcohol use. She stayed at the scene. She was with the man when he called 911. She stayed there until the police arrived and then she voluntarily submitted to questioning as well as the blood test to try to prove she wasn't intoxicated," defense attorney Craig McElwee said.
Gebarowski admitted to police she had one beer before she loaded up her two year old in her car in Selden on Thursday afternoon.
The impact of her car threw Ortega several feet and knocked him unconscious leaving Manny Junior standing alone, but virtually unharmed.
"The last thing I remember, I crossed the street. I didn't see any vehicles coming. Next thing I know I'm half way through the street and I see this white sedan coming towards us," Ortega said.
Gebarowski had only driven a few blocks.
"The officer arrived and felt that she was under the influence of an alcoholic beverage and placed her under arrest," Det. Lt. Tom O'Heir of Suffolk Co. Police Department said.
A judge released Gebarowski with no bail, citing the fact that until they have Gebarowski's blood results, there's no evidence to show whether she was drunk or not.
Gebarowski, who lives with her husband, daughter and 8-year-old son, stayed at scene and voluntarily submitted to blood test, officials said.