First Offense DWI in New York: What the Court 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%.

A first DWI charge is a significant event — and the outcome is far from predetermined. Our analysis of 80,930 DWI cases across New York's 62 counties (DCJS pretrial release records, 2019-2024) reveals that where a case is heard may matter as much as the facts of the case itself.

Statewide DWI Outcomes

Across all 62 New York counties, DWI cases show these aggregate patterns:

• The average dismissal rate is 5.1% — meaning roughly one in twenty DWI cases statewide ends in dismissal
• The average conviction rate is 94.5%
• The median case takes 164 days from arraignment to disposition
• Charge reduction rates average 7.3% statewide, with some counties reducing charges far more frequently

View DWI statistics across all 62 New York counties

County-Level Variation

The most striking pattern in the data is county-level variation. A DWI case in Manhattan (36.1% dismissal rate) faces very different odds than one in Orange County (1.4% dismissal rate). Similarly, case timelines range from a median of 105 days in Saratoga County to 266 days in Westchester County. These differences may reflect local prosecutorial priorities, court resources, caseload volumes, and the availability of diversion or treatment programs.

What the Data Cannot Tell You

Our DCJS data captures aggregate outcomes but does not distinguish first offenses from repeat offenses. The statistics include all DWI arraignments, regardless of the defendant's prior record. First-time DWI defendants may experience different outcomes than those reflected in aggregate county data. For information about how prior record affects DWI cases, consult a licensed New York attorney.

Charge Reductions

DWI charge reductions — where a DWI charge is reduced to a lesser offense such as DWAI through plea negotiation — occur at varying rates across the state. The statewide average charge reduction rate for DWI is 7.3%, but this varies considerably by county. View DWI charge reduction patterns by county for more detail.

Next Steps

For information about DWI laws and potential penalties, consult a licensed New York attorney or visit the Vehicle and Traffic Law. To explore how DWI cases are resolved in your county, view our DWI data by county.