VTL 1192 — Oper MV Bac .08 Of 1% -1st Off
Misdemeanor · 43,042 cases across 61 counties · 2024–2025
Under VTL § 1192 (Oper MV Bac .08 Of 1% -1st Off), 7.3% of 43,042 cases statewide were dismissed and 92.5% resulted in conviction, based on 2024–2025 OCA arraignment data across 61 New York counties.
Dismissal rate includes judicial dismissals and cases dismissed in the interest of justice. Conviction rate includes guilty pleas and findings of guilt at trial. Oper MV Bac .08 Of 1% -1st Off is classified as a Misdemeanor under New York law. Data sourced from the NYS Office of Court Administration (OCA) STAT Act. Covers criminal court arraignments in 2024–2025, updated monthly. Last updated: March 2026
See also: All DWI / DUI charges (DCJS data, 2019–2024) for pretrial release, bail, and charge reduction data.
What the Data Shows
Oper MV Bac .08 Of 1% -1st Off (VTL § 1192) is a Misdemeanor under New York law. Based on 43,042 arraignments across 61 counties in 2024–2025:
- Dismissal rate: 7.3% of cases are dismissed statewide, though rates vary significantly by county
- Conviction rate: 92.5% of cases result in conviction, including guilty pleas and trial verdicts
- Geographic variation: Click any county below for specific fines, sentencing breakdowns, and dismissal reasons
These statistics reflect aggregate outcomes and do not predict individual case results. For legal guidance, consult a licensed New York attorney.
Outcomes by County
| County | Cases | Dismissal Rate | Conviction Rate |
|---|---|---|---|
| Suffolk | 3,565 | 1.9% | 98.0% |
| Erie | 3,059 | 4.7% | 94.6% |
| Westchester | 2,942 | 2.4% | 97.4% |
| Orange | 2,243 | 2.1% | 97.8% |
| Nassau | 2,142 | 8.8% | 91.1% |
| Monroe | 2,124 | 6.2% | 93.0% |
| Dutchess | 1,410 | 2.4% | 97.5% |
| Saratoga | 1,406 | 2.5% | 97.5% |
| Queens | 1,402 | 20.6% | 79.2% |
| Kings | 1,370 | 29.3% | 70.5% |
| Ulster | 1,323 | 2.8% | 97.2% |
| Albany | 1,251 | 6.0% | 93.8% |
| Onondaga | 1,187 | 3.9% | 96.0% |
| Rockland | 1,086 | 6.1% | 93.9% |
| Niagara | 908 | 3.3% | 96.4% |
| Bronx | 810 | 53.5% | 46.2% |
| Oneida | 791 | 4.5% | 95.5% |
| Putnam | 704 | 1.1% | 98.9% |
| New York | 629 | 58.0% | 41.9% |
| Ontario | 550 | 6.4% | 93.1% |
| Broome | 541 | 11.1% | 88.7% |
| Oswego | 537 | 4.0% | 95.7% |
| Chautauqua | 530 | 11.2% | 88.5% |
| Greene | 483 | 4.1% | 95.9% |
| Sullivan | 465 | 3.3% | 96.7% |
| Jefferson | 447 | 2.7% | 97.3% |
| Rensselaer | 445 | 2.9% | 97.1% |
| Schenectady | 441 | 1.7% | 98.3% |
| Steuben | 413 | 5.2% | 94.8% |
| Columbia | 412 | 4.0% | 96.0% |
| Genesee | 400 | 1.2% | 98.5% |
| Cattaraugus | 394 | 3.6% | 96.4% |
| Chemung | 390 | 3.0% | 97.0% |
| Warren | 382 | 1.5% | 98.5% |
| Richmond | 374 | 6.4% | 93.6% |
| St. Lawrence | 365 | 9.5% | 90.5% |
| Clinton | 361 | 3.1% | 96.6% |
| Wayne | 333 | 5.9% | 94.1% |
| Livingston | 327 | 4.3% | 95.0% |
| Cortland | 298 | 5.5% | 94.1% |
| Tompkins | 278 | 3.3% | 96.7% |
| Cayuga | 256 | 0.9% | 99.1% |
| Allegany | 252 | 3.4% | 96.6% |
| Seneca | 248 | 1.5% | 98.5% |
| Madison | 244 | 2.3% | 97.7% |
| Otsego | 242 | 6.6% | 93.4% |
| Montgomery | 235 | 0.9% | 99.1% |
| Washington | 229 | 3.0% | 96.5% |
| Fulton | 226 | 0.9% | 99.1% |
| Delaware | 196 | 9.0% | 91.0% |
| Essex | 164 | 6.5% | 93.5% |
| Wyoming | 164 | 1.6% | 98.4% |
| Herkimer | 158 | 2.0% | 98.0% |
| Franklin | 152 | 3.1% | 96.1% |
| Tioga | 146 | 0.7% | 99.3% |
| Orleans | 128 | 5.1% | 94.9% |
| Schuyler | 114 | 2.8% | 97.2% |
| Schoharie | 106 | 3.2% | 96.8% |
| Chenango | 93 | 2.4% | 97.6% |
| Lewis | 88 | 6.5% | 93.5% |
| Yates | 83 | 0.0% | 100.0% |
Common Questions
Statistics from public court records for informational purposes only. Not legal advice. Past outcomes do not predict future results.
Data source: NYS OCA-STAT Act (2024–2025). 43,042 cases analyzed. Last updated March 2026. — NewYorkCourtFile.com
Next Step
Facing a Oper MV Bac .08 Of 1% -1st Off charge? Get connected with a defense attorney experienced with VTL 1192 cases.