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.

How New York Police Use Field Sobriety Tests to Build a DWI Case
If you are arrested for DWI in New York, the case often begins long before the Breathalyzer or other chemical test is administered. It begins


