DWI Charge Reduction Rates in New York: What the Data Shows

According to 80,930 New York DCJS Pretrial Release Data records from 2019–2024, DWI / DUI cases across 61 New York counties have an average dismissal rate of 9.3% and an average conviction rate of 90.3%.

One of the most informative data points in our DCJS records is the charge reduction rate — how often the conviction charge differs from the original arrest charge. For DWI cases, this captures plea negotiations where a DWI charge is reduced to a lesser offense. Our analysis covers 80,930 DWI cases across 62 New York counties (2019-2024).

Statewide DWI Charge Reduction Patterns

Across all 62 counties, the data shows:

• The average DWI charge reduction rate is 7.3%
• The statewide dismissal rate is 5.1% and the conviction rate is 94.5%
• Charge reduction frequency varies substantially across counties

View detailed DWI charge reduction flows by county

Geographic Variation in Charge Reductions

The data reveals striking differences in how often DWI charges are reduced depending on geography. Some counties show reduction rates well above the 7.3% statewide average, while others reduce DWI charges very rarely. This variation may reflect local prosecutorial policies, plea negotiation practices, the availability of diversion programs, and the composition of DWI cases in each jurisdiction.

What Charge Reduction Means in the Data

Our DCJS data tracks the original arraignment charge and the final disposition charge. When these differ — for example, an arrest for DWI that results in a conviction for a lesser offense — we classify this as a charge reduction. This captures plea bargaining outcomes at the case level. The data does not specify the particular reduced charge, but our charge reduction pages show the most common conviction charges for DWI arrests.

Context for Interpreting the Data

When reviewing DWI charge reduction statistics, keep in mind:

• Charge reductions reflect plea outcomes, not necessarily the initial plea offer
• County-level rates are aggregates — individual outcomes depend on case facts, evidence, and legal representation
• First offenses may be reduced at different rates than repeat offenses, but our data does not distinguish prior record

Next Steps

For information about DWI plea options in your case, consult a licensed New York attorney. View DWI charge reduction data by county or explore DWI statistics across all 62 counties.