What is the dismissal rate for DWI / DUI in Erie County?

The dismissal rate is 4.2%, based on 4001 cases from public court records. This includes judicial dismissals and cases dismissed in the interest of justice.

How long does a DWI / DUI case take in Erie County?

The average case takes 5.8 months from arraignment to disposition. Duration depends on factors specific to each case including whether bail is set and plea negotiations.

How do outcomes vary by charge class for DWI / DUI in Erie County?

Outcomes vary by charge class. Unclassified Misdemeanor: 4.5% dismissal rate (3176 cases). E Felony: 3.0% dismissal rate (667 cases). Higher severity classes generally have different dismissal and conviction patterns.

DWI / DUI in Erie County, NY — 4.2% Dismissed

Q: What are the case outcomes for DWI / DUI in Erie County?

Based on 4001 cases in Erie County, 4.2% are dismissed, 95.1% result in conviction, and 0.7% end in acquittal. The average case takes 5.8 months. Individual outcomes depend on the specific facts of each case.

Q: What is the conviction rate for DWI / DUI in Erie County?

The conviction rate for DWI / DUI in Erie County is 95.1%, based on 4001 cases from public court records. This includes guilty pleas and findings of guilt at trial.

Q: How often are DWI / DUI charges reduced in Erie County?

3.3% of DWI / DUI cases in Erie County result in conviction on a lesser charge. The most common reduction is to Traffic Offense.

Q: How does Erie County compare to other counties for DWI / DUI?

Erie County has a 4.2% dismissal rate for DWI / DUI. Visit the DWI / DUI overview page to compare dismissal rates, conviction rates, and case timelines across all New York counties.

DWI cases in Erie County result in conviction in 95.1 percent of prosecutions, slightly above the statewide average and reflecting how aggressively these charges proceed to guilty verdicts. The 4.2 percent dismissal rate is lower than the statewide average of 5.1 percent, suggesting Erie County prosecutors maintain a higher bar for case dismissal. However, dismissals have been trending upward since 2019, rising from 2.9 percent to 5.5 percent in the most recent year—a notable shift that suggests increasing scrutiny of case strength or charging decisions over the past five years.

Among the 95 percent convicted, fines dominate sentencing outcomes, applied in 85.3 percent of cases. Probation follows as the next most common sentence at 8.6 percent, while incarceration is rare; jail time appears in only 2.9 percent of convictions and prison in less than 1 percent. Pretrial outcomes favor release: 84.4 percent of defendants are released on their own recognizance without bail conditions. When bail is set, the median amount is $250. Charge reductions occur in 3.3 percent of cases, with nearly 78 percent reduced to a traffic offense rather than proceeding as a DWI conviction.

Dismissal rate includes judicial dismissals and cases dismissed in the interest of justice. Conviction rate includes guilty pleas and findings of guilt at trial. Avg duration measures arraignment to final disposition. Data sourced from New York DCJS Pretrial Release Data. Last updated: March 2026

4.2%

Dismissal Rate

95.1%

Conviction Rate

5.8 months

Avg Duration

Case Outcomes

95.1%

Dismissed 4.2% Convicted 95.1% Acquitted 0.7%

Source: 4,001 public court records, Erie County Courts — NewYorkCourtFile.com

Outcomes by Charge Class

How outcomes differ by felony and misdemeanor classification for DWI / DUI in Erie County.

Charge Class	Cases	Dismissal Rate	Conviction Rate
Unclassified Misdemeanor	3,176	4.5%	94.6%
E Felony	667	3.0%	96.7%
D Felony	158	2.6%	97.4%

Charge class reflects the severity classification at arrest (e.g., A Felony is the most serious, B Misdemeanor the least). Outcomes vary by class due to differing prosecutorial priorities, plea bargaining patterns, and case complexity. Source: New York DCJS Pretrial Release Data.

Year-Over-Year Trends

How DWI / DUI outcomes in Erie County have changed over time.

Year	Cases	Dismissal Rate	Conviction Rate
2019	588	2.9%	94.0%
2020	390	5.5%	94.5%
2021	476	2.8%	97.0%
2022	433	3.7%	96.0%
2023	1,059	4.2%	95.3%
2024	1,036	5.5%	94.2%

Year reflects arrest year from DCJS Pretrial Release Data. Case volumes may vary as more recent cases may still be pending disposition.

Pretrial Release

How defendants charged with DWI / DUI in Erie County are handled at arraignment.

84.4%

Released on Recognizance (ROR)

3.5%

Bail Set

0.9%

Remanded

$250

Median Bail Amount

Pretrial release data reflects arraignment outcomes under New York's bail reform laws. ROR = Released on Own Recognizance. Bail Set = cash bail or bond required. Remanded = held without bail.

Charge Reductions

3.3% of DWI / DUI cases
in Erie County are reduced

Defendants were convicted on a lesser charge than their original arrest charge.

Most common reductions

DWI / DUI Traffic Offense

88 cases (73.9%)

DWI / DUI Aggravated Unlicensed Operation

16 cases (13.4%)

DWI / DUI Disorderly Conduct

9 cases (7.6%)

DWI / DUI Assault

4 cases (3.4%)

DWI / DUI Endangering Welfare of a Child

2 cases (1.7%)

Sentencing When Convicted

Breakdown of sentencing outcomes for DWI / DUI convictions in Erie County.

2.9%

Jail

8.6%

Probation

0.8%

State Prison

85.3%

Fine Only

1.1%

Time Served

See what the data means for your DWI / DUI case in Erie County. An attorney can review your situation — free, no obligation.

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Where you are in the process

Within 24 hours of arrest — In New York, you are typically arraigned within 24 hours. The judge will set bail conditions or release you.
First 2 weeks — Your attorney files motions and requests discovery. If bail was set, this is when you arrange payment or challenge conditions.
1-4 months — Pre-trial period. Negotiation between your attorney and the prosecutor. 3.3% of DWI cases in Erie County see the charge reduced during this phase.
5.8 months (average) — Typical time to resolution in Erie County. Some cases resolve faster, others take longer.

Outcomes by Demographics

Case outcome rates by race for DWI / DUI in Erie County. These statistics reflect systemic patterns and structural factors in the criminal justice system, not individual behavior.

Race	Cases	Dismissal Rate	Conviction Rate
White	2,434	2.9%	96.5%
Black	1,093	6.6%	92.4%
Hispanic	274	7.0%	92.3%
Asian	55	0.0%	100.0%
Native American	54	3.7%	96.3%
Other	33	3.0%	97.0%

Disparities in case outcomes reflect well-documented systemic factors including policing patterns, socioeconomic inequality, and structural bias in the criminal justice system. These statistics should not be used to draw conclusions about any individual or group. Data sourced from DCJS Pretrial Release Data.

Common Questions

Statistics from public court records for informational purposes only. Not legal advice. Past outcomes do not predict future results. Consult a licensed attorney for guidance on your case.

Based on 4,001 cases in Erie County, 4.2% are dismissed, 95.1% result in conviction, and 0.7% end in acquittal. The average case takes 5.8 months from arraignment to resolution. Outcomes vary based on the specifics of each case.

The dismissal rate for DWI / DUI in Erie County is 4.2%, based on 4,001 cases from public court records. This includes cases dismissed by the court and dismissals in the interest of justice.

The average DWI / DUI case in Erie County takes 5.8 months. Duration depends on factors like whether the case goes to trial, plea negotiations, and court scheduling.

84.4% of defendants are released on their own recognizance (ROR), 3.5% have bail set, and 0.9% are remanded without bail. The median bail amount when set is $250. Pretrial release decisions are governed by New York's bail reform laws.

The conviction rate for DWI / DUI in Erie County is 95.1%, based on 4,001 cases from public court records. This includes both guilty pleas and findings of guilt at trial. For guidance on your specific situation, consult a licensed New York attorney.

3.3% of DWI / DUI cases in Erie County result in conviction on a lesser charge. The most common reduction is to Traffic Offense.

Erie County has a 4.2% dismissal rate for DWI / DUI cases. Outcomes can vary significantly across New York counties. View our DWI / DUI overview page to compare dismissal rates, conviction rates, and case timelines across all counties.

For those convicted of DWI / DUI in Erie County, 2.9% receive a jail sentence, 8.6% receive probation, and 0.8% are sentenced to state prison. Actual sentences depend on the specifics of each case. Consult a licensed attorney for guidance on your situation.

Outcomes vary by charge class. Unclassified Misdemeanor: 4.5% dismissal rate, 94.6% conviction rate (3,176 cases). E Felony: 3.0% dismissal rate, 96.7% conviction rate (667 cases). D Felony: 2.6% dismissal rate, 97.4% conviction rate (158 cases). Higher severity classes generally have different dismissal and conviction patterns due to prosecutorial priorities and plea bargaining dynamics.

Data source: New York DCJS Pretrial Release Data. 4,001 cases analyzed for DWI / DUI in Erie County. Last updated March 2026. — NewYorkCourtFile.com