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.