Bail for DWI / DUI in New York
72,823 cases with bail decisions · 61 counties · DCJS Data (2019–2024)
Across 72,823 DWI / DUI cases in New York, 84.9% of defendants were released on their own recognizance (ROR) and 3.0% had bail set at a median of $1,000. 0.8% were remanded to custody. 6.7% of cases were disposed at arraignment. Bail outcomes vary across 61 New York counties with sufficient data.
Bail decision refers to the arraignment outcome: ROR (released without bail), bail set (monetary bail required), remanded (held without bail), or disposed at arraignment (case resolved immediately). Data sourced from New York DCJS Pretrial Release Data. Last updated: March 2026
Someone you know arrested for DWI / DUI? A defense attorney can argue for lower bail or ROR at arraignment — often within hours.
Talk to a New York Attorney — FreeDWI / DUI Bail Outcomes by County
How DWI / DUI bail decisions compare across New York counties. Click a county for detailed bail data.
| County | ROR % | Bail Set % | Remanded % | Median Bail | Cases |
|---|---|---|---|---|---|
| Suffolk | 87.0% | 5.0% | 0.2% | $2,500 | 9,920 |
| Nassau | 82.9% | 5.2% | 0.1% | $1,500 | 8,031 |
| Queens | 86.7% | 1.8% | 0.0% | $2,500 | 5,457 |
| Kings | 94.5% | 1.4% | 0.0% | $3,500 | 4,635 |
| Westchester | 86.1% | 4.2% | 0.7% | $250 | 4,175 |
| Orange | 85.9% | 2.5% | 1.1% | $422 | 3,463 |
| Erie | 88.5% | 3.7% | 1.0% | $250 | 3,326 |
| Bronx | 96.4% | 1.6% | 0.0% | $1 | 3,083 |
| New York | 87.9% | 1.6% | 0.0% | $1,000 | 2,743 |
| Monroe | 81.0% | 3.6% | 5.6% | $800 | 2,638 |
| Niagara | 88.5% | 5.4% | 0.7% | $250 | 1,847 |
| Saratoga | 70.4% | 1.2% | 1.3% | $250 | 1,775 |
| Richmond | 89.6% | 3.0% | 0.0% | $5,000 | 1,724 |
| Albany | 84.0% | 1.1% | 1.4% | $300 | 1,536 |
| Onondaga | 82.4% | 3.1% | 2.6% | $2,000 | 1,401 |
| Ulster | 73.7% | 0.8% | 1.6% | $5,000 | 1,318 |
| Dutchess | 84.0% | 1.6% | 1.1% | $1,000 | 1,296 |
| Oneida | 80.9% | 2.6% | 1.0% | $4 | 1,005 |
| Chautauqua | 82.6% | 2.5% | 1.1% | $1,500 | 751 |
| Schenectady | 74.9% | 2.8% | 3.2% | $500 | 740 |
| Broome | 91.4% | 0.7% | 2.4% | $1,000 | 736 |
| Oswego | 89.5% | 2.0% | 0.9% | $10 | 697 |
| Rockland | 93.7% | 0.1% | 0.6% | — | 680 |
| Jefferson | 79.4% | 2.7% | 0.7% | $375 | 582 |
| Cattaraugus | 72.7% | 3.4% | 0.9% | $500 | 554 |
| Ontario | 88.9% | 2.9% | 1.8% | $750 | 551 |
| Clinton | 79.5% | 2.4% | 1.1% | $250 | 531 |
| Rensselaer | 77.1% | 1.4% | 0.8% | $1 | 512 |
| Steuben | 82.6% | 1.3% | 1.1% | $500 | 448 |
| Putnam | 85.5% | 0.0% | 0.9% | — | 435 |
| Cortland | 87.1% | 1.4% | 1.6% | $375 | 433 |
| Warren | 72.2% | 0.7% | 1.2% | $250 | 431 |
| Columbia | 56.3% | 1.5% | 1.0% | $325 | 389 |
| Chemung | 81.9% | 4.2% | 1.8% | $500 | 381 |
| Genesee | 93.9% | 1.3% | 1.6% | $1 | 375 |
| Cayuga | 92.4% | 2.5% | 1.4% | $267 | 357 |
| Fulton | 66.6% | 5.2% | 2.8% | $1,000 | 326 |
| Tompkins | 91.3% | 1.3% | 0.3% | $1,000 | 309 |
| Montgomery | 65.9% | 4.1% | 1.7% | $500 | 293 |
| Greene | 39.1% | 1.0% | 0.7% | $250 | 289 |
| Otsego | 61.9% | 1.8% | 0.7% | $500 | 278 |
| Madison | 90.5% | 2.9% | 0.4% | $500 | 275 |
| St. Lawrence | 69.6% | 2.3% | 0.8% | $1 | 260 |
| Sullivan | 66.2% | 0.9% | 1.4% | — | 216 |
| Wayne | 88.2% | 1.0% | 2.5% | — | 204 |
| Livingston | 90.5% | 0.5% | 2.1% | — | 190 |
| Seneca | 79.9% | 0.0% | 3.1% | — | 159 |
| Herkimer | 46.9% | 1.5% | 1.5% | $8,250 | 130 |
| Allegany | 47.2% | 0.0% | 0.8% | — | 125 |
| Chenango | 70.5% | 1.1% | 4.2% | $5,000 | 95 |
| Delaware | 69.6% | 1.1% | 2.2% | — | 92 |
| Essex | 73.0% | 0.0% | 1.1% | — | 89 |
| Tioga | 76.5% | 0.0% | 2.5% | — | 81 |
| Washington | 55.7% | 0.0% | 0.0% | — | 79 |
| Schuyler | 80.3% | 0.0% | 0.0% | — | 76 |
| Wyoming | 73.2% | 5.6% | 4.2% | — | 71 |
| Franklin | 83.9% | 1.6% | 3.2% | — | 62 |
| Orleans | 91.1% | 1.8% | 3.6% | — | 56 |
| Schoharie | 57.1% | 4.8% | 0.0% | — | 42 |
| Yates | 80.6% | 0.0% | 2.8% | — | 36 |
| Lewis | 69.2% | 0.0% | 0.0% | — | 26 |
Source: New York DCJS Pretrial Release Data (2019–2024) — NewYorkCourtFile.com
New York Bail Reform Context
New York enacted significant bail reform in 2019, eliminating cash bail for most misdemeanors and nonviolent felonies. The law was amended in 2022 to expand the list of bail-eligible offenses and give judges more discretion. The data above spans 2019–2024, capturing outcomes before, during, and after these reforms. Arraignment decisions depend on the specific charge, the defendant's history, and the judge's assessment under CPL §510.10. Every case is unique — past outcomes do not predict future results.
How we calculate bail rates: We analyze the bail_decision field from DCJS Pretrial Release records. Cases with missing or "Unknown" bail decisions are excluded. Median bail amounts are calculated from cases where bail was set and the amount is greater than zero. County breakdowns require a minimum of 20 cases. Data from DCJS Pretrial Release Data, last updated March 2026.
Common Questions
Statistics from public court records for informational purposes only. Not legal advice. Past outcomes do not predict future results.
Data source: New York DCJS Pretrial Release Data. 72,823 DWI / DUI cases with bail decisions analyzed. Last updated March 2026. — NewYorkCourtFile.com
Next Step
Someone you know arrested for DWI / DUI? A defense attorney can appear at arraignment to argue for release — often the same day.