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%.

DWI / DUI

80,930
Total Cases
61
Counties
Dismissal Rate 9.3%
Conviction Rate 90.3%
vs

Aggravated Unlicensed Operation

9,014
Total Cases
46
Counties
Dismissal Rate 20.9%
Conviction Rate 79.1%

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%

Aggravated Unlicensed Operation — Top Counties

County Cases Dismissal Conviction
Kings 1,532 57.0% 42.9%
Bronx 1,001 35.4% 64.6%
Queens 919 27.6% 72.4%
Monroe 712 5.2% 94.5%
New York 641 24.5% 75.5%

Source: DCJS Pretrial Release Data, 2019–2024 — NewYorkCourtFile.com

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.

DWI / DUI and Aggravated Unlicensed Operation are separate charges with different legal definitions and elements. Our data shows they have different outcome patterns: DWI / DUI has a 9.3% average dismissal rate while Aggravated Unlicensed Operation has a 20.9% average dismissal rate. For information about the legal distinctions, consult a licensed New York attorney or the New York Penal Law.
Aggravated Unlicensed Operation has a higher average dismissal rate (20.9%) compared to DWI / DUI (9.3%), based on 2019–2024 New York DCJS data. However, dismissal rates vary significantly by county. Visit the individual charge pages for county-specific data.
From 2019–2024, 80,930 DWI / DUI cases were recorded across 61 counties, and 9,014 Aggravated Unlicensed Operation cases were recorded across 46 counties. View the full data on our DWI / DUI and Aggravated Unlicensed Operation pages.

The data tells part of the story. A defense attorney can tell you the rest — specific to your case and your county.

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