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.

DWI roadblocks in New York State.
DWI roadblocks in New York State are legal, widely used, and tightly regulated, operating under both federal and state constitutional frameworks to balance public safety


