In New York State a first offense DWI/DUI is generally charged as a misdemeanor with some exceptions. If you have a child in the car, the DWI/DUI charge can be elevated to a felony. For the most part, however, a first offense is charged as a misdemeanor and is usually pled down to a traffic violation of Driving While Ability Impaired. Two DWI’s within a 10 year period can also be charged as a felony.

Can a First-Offense DWI in New York State Be Charged as a Felony?
When most people think about a first-offense DWI (Driving While Intoxicated) in New York, they assume it’s automatically a misdemeanor — and in many cases


