DWI / DUI vs Aggravated Unlicensed Operation in New York
Side-by-side comparison based on 89,944 DCJS pretrial release records · 2019–2024
Statistics from DCJS pretrial release data for informational purposes only. Not legal advice. These are different charges with different legal elements — consult a licensed New York attorney for guidance on your specific situation.
According to 89,944 DCJS pretrial release records from 2019–2024, DWI / DUI cases across 61 New York counties have an average dismissal rate of 9.3% and conviction rate of 90.3%, while Aggravated Unlicensed Operation cases across 46 counties have an average dismissal rate of 20.9% and conviction rate of 79.1%.
Aggravated Unlicensed Operation
Top Counties Comparison
How the highest-volume counties handle each charge.
DWI / DUI — Top Counties
| County | Cases | Dismissal | Conviction |
|---|---|---|---|
| Suffolk | 10,270 | 4.3% | 95.4% |
| Nassau | 8,057 | 9.3% | 90.4% |
| Queens | 5,485 | 27.2% | 72.5% |
| Kings | 4,658 | 24.0% | 75.5% |
| Westchester | 4,590 | 2.4% | 97.3% |
Source: DCJS Pretrial Release Data, 2019–2024 — NewYorkCourtFile.com
What the Data Shows
DWI / DUI and Aggravated Unlicensed Operation are distinct charges with different legal elements, but defendants sometimes face questions about how they compare. Based on 89,944 DCJS pretrial release records from 2019–2024:
- Volume: DWI / DUI is more commonly charged (80,930 cases) than Aggravated Unlicensed Operation (9,014 cases)
- Dismissals: Aggravated Unlicensed Operation has a higher average dismissal rate (20.9%) compared to DWI / DUI (9.3%)
- Variation: Both charges show significant variation in outcomes across New York counties — the county where a case is heard matters
These statistics reflect aggregate patterns across New York counties and do not predict individual case outcomes. The legal elements, potential consequences, and defense considerations differ between these charges. Consult a licensed New York attorney for guidance on your specific situation.
Common Questions
Explore Each Charge
Want Legal Guidance?
The data tells part of the story. A defense attorney can tell you the rest — specific to your case and your county.