DWI Dismissal Rates Across New York: A County-by-County Analysis
February 24, 2026 · 5 min read
DWI is one of the most commonly charged offenses in New York, yet dismissal rates vary dramatically from county to county. We analyzed New York DCJS Pretrial Release Data to see where DWI cases are most — and least — likely to be dismissed.
Statewide Overview
Across New York, 80,930 DWI cases were filed in 61 counties. The weighted average dismissal rate is 9.3%, with a conviction rate of 90.3%.
DWI Dismissal Rates by County
The table below ranks every New York county by DWI dismissal rate, from highest to lowest.
| Rank | County | Cases | Dismissal Rate | Conviction Rate |
|---|---|---|---|---|
| 1 | New York | 2,755 | 36.1% | 63.3% |
| 2 | Bronx | 3,091 | 31.8% | 67.5% |
| 3 | Queens | 5,485 | 27.2% | 72.5% |
| 4 | Kings | 4,658 | 24.0% | 75.5% |
| 5 | Broome | 786 | 15.3% | 84.7% |
| 6 | Nassau | 8,057 | 9.3% | 90.4% |
| 7 | Rockland | 820 | 9.1% | 90.7% |
| 8 | Wayne | 312 | 7.8% | 91.8% |
| 9 | Richmond | 1,746 | 6.8% | 93.1% |
| 10 | Steuben | 552 | 6.8% | 92.4% |
| 11 | Monroe | 4,318 | 6.4% | 92.2% |
| 12 | Chautauqua | 886 | 6.3% | 93.3% |
| 13 | Oneida | 1,156 | 5.8% | 93.8% |
| 14 | St. Lawrence | 331 | 5.5% | 94.5% |
| 15 | Chemung | 458 | 5.1% | 94.4% |
| 16 | Delaware | 122 | 5.0% | 95.0% |
| 17 | Ontario | 718 | 4.7% | 93.8% |
| 18 | Putnam | 512 | 4.5% | 95.3% |
| 19 | Otsego | 295 | 4.5% | 95.5% |
| 20 | Ulster | 1,656 | 4.4% | 95.3% |
| 21 | Suffolk | 10,270 | 4.3% | 95.4% |
| 22 | Columbia | 496 | 4.3% | 95.7% |
| 23 | Erie | 4,001 | 4.2% | 95.1% |
| 24 | Livingston | 267 | 4.2% | 95.0% |
| 25 | Albany | 1,698 | 4.0% | 95.9% |
| 26 | Lewis | 56 | 3.6% | 94.6% |
| 27 | Cortland | 464 | 3.5% | 96.5% |
| 28 | Onondaga | 1,713 | 3.4% | 96.5% |
| 29 | Essex | 125 | 3.3% | 95.9% |
| 30 | Orleans | 93 | 3.3% | 96.7% |
Key Takeaways
- New York County has the highest DWI dismissal rate at 36.1%.
- Yates County has the lowest at 0.0%.
- The spread between highest and lowest is 36.1 percentage points.
Source: New York DCJS Pretrial Release Data. Dismissal rate includes judicial dismissals and dismissals in the interest of justice. These are aggregate statistics and do not predict individual outcomes.
Data source: New York DCJS Pretrial Release Data. Last updated March 2026. — NewYorkCourtFile.com
Next Step
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