DWI / DUI — Unclassified Misdemeanor in New York
65,333 cases across 62 counties · DCJS Pretrial Release Data
DWI / DUI cases classified as Unclassified Misdemeanor across 62 New York counties have a 9.6% average dismissal rate and a 90.0% average conviction rate, based on 65,333 public court records.
Charge class reflects the severity classification at arrest. Unclassified Misdemeanor is one of multiple classifications for DWI / DUI. Dismissal rate includes judicial dismissals and cases dismissed in the interest of justice. Data from New York DCJS Pretrial Release Data. Last updated: March 2026
What Unclassified Misdemeanor Means
Unclassified Misdemeanor is a misdemeanor classification under New York Penal Law. Misdemeanors carry potential county jail sentences of up to one year. DWI / DUI charges classified as Unclassified Misdemeanor are less severe than felony classifications but can still result in a criminal record.
Across 62 counties, DWI / DUI Unclassified Misdemeanor cases have an average dismissal rate of 9.6%. Outcomes vary by county due to differences in prosecutorial practices, plea bargaining customs, and caseload pressures.
County Comparison
DWI / DUI Unclassified Misdemeanor outcomes by county.
| County | Cases | Dismissal Rate | Conviction Rate |
|---|---|---|---|
| Suffolk | 8,587 | 4.6% | 95.0% |
| Nassau | 7,077 | 10.5% | 89.3% |
| Queens | 4,457 | 27.8% | 72.0% |
| Westchester | 3,854 | 2.3% | 97.4% |
| Kings | 3,715 | 22.7% | 76.8% |
| Erie | 3,176 | 4.5% | 94.6% |
| Monroe | 3,169 | 6.5% | 92.0% |
| Orange | 3,060 | 1.2% | 98.5% |
| Bronx | 2,479 | 31.3% | 67.9% |
| New York | 2,288 | 35.9% | 63.5% |
| Niagara | 1,628 | 3.5% | 96.0% |
| Saratoga | 1,598 | 1.6% | 98.2% |
| Richmond | 1,419 | 6.9% | 93.0% |
| Albany | 1,377 | 4.1% | 95.7% |
| Onondaga | 1,357 | 3.5% | 96.4% |
| Ulster | 1,296 | 5.1% | 94.6% |
| Dutchess | 1,154 | 2.2% | 97.6% |
| Oneida | 974 | 6.4% | 93.2% |
| Chautauqua | 746 | 6.6% | 93.0% |
| Schenectady | 680 | 1.3% | 98.4% |
| Rockland | 662 | 9.9% | 90.1% |
| Broome | 660 | 13.7% | 86.3% |
| Oswego | 643 | 2.6% | 97.2% |
| Jefferson | 554 | 1.3% | 98.6% |
| Cattaraugus | 504 | 1.8% | 97.4% |
| Clinton | 491 | 1.2% | 98.0% |
| Ontario | 488 | 3.3% | 95.0% |
| Rensselaer | 463 | 1.5% | 98.0% |
| Putnam | 423 | 1.9% | 97.9% |
| Steuben | 401 | 4.3% | 95.4% |
| Genesee | 401 | 2.0% | 97.7% |
| Cortland | 397 | 3.8% | 96.2% |
| Columbia | 392 | 3.3% | 96.7% |
| Warren | 364 | 1.1% | 98.9% |
| Chemung | 341 | 5.1% | 94.3% |
| Greene | 307 | 3.0% | 97.0% |
| Cayuga | 302 | 1.0% | 99.0% |
| Fulton | 289 | 1.4% | 98.6% |
| Sullivan | 285 | 3.5% | 96.1% |
| Tompkins | 271 | 3.0% | 97.0% |
| St. Lawrence | 260 | 6.2% | 93.8% |
| Montgomery | 260 | 0.8% | 99.2% |
| Otsego | 251 | 5.3% | 94.7% |
| Madison | 247 | 1.2% | 98.4% |
| Wayne | 175 | 12.3% | 87.1% |
| Livingston | 170 | 6.7% | 92.7% |
| Allegany | 135 | 2.2% | 97.8% |
| Seneca | 131 | 1.5% | 98.5% |
| Herkimer | 128 | 1.6% | 98.4% |
| Washington | 109 | 0.9% | 99.1% |
| Delaware | 93 | 6.5% | 93.5% |
| Essex | 89 | 3.5% | 95.3% |
| Chenango | 87 | 1.2% | 98.8% |
| Tioga | 83 | 0.0% | 98.8% |
| Wyoming | 70 | 1.4% | 97.1% |
| Orleans | 70 | 4.3% | 95.7% |
| Schuyler | 67 | 3.0% | 97.0% |
| Franklin | 58 | 0.0% | 100.0% |
| Schoharie | 45 | 0.0% | 100.0% |
| Yates | 36 | 0.0% | 100.0% |
| Lewis | 32 | 3.1% | 93.8% |
| Hamilton | 8 | 0.0% | 100.0% |
Source: New York DCJS Pretrial Release Data — NewYorkCourtFile.com
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. 65,333 Unclassified Misdemeanor cases analyzed for DWI / DUI. Last updated March 2026. — NewYorkCourtFile.com
Next Step
Facing a DWI / DUI charge? An attorney who handles these cases can walk you through your options.