Reviewed and updated October 9, 2026 by the SearchSystems.net editorial team. The arrest counts are the ones each agency reported to the FBI, as the FBI held them on October 8, 2026. The jail figures are from the Vera Institute of Justice's Incarceration Trends data. Every office link was opened and checked against the office's own site between September 23, 2026 and September 28, 2026.
Delaware County, New York, has about 44,000 residents (2024 Census Bureau estimate). A DWI arrest in Delaware County starts two cases, a criminal case in the local criminal court and a license case before the DMV, and leaves three records. This guide follows the arrest from the roadside to the court file and the driving record.
This guide covers the law, the arrest, booking, the court case, the license case, the records and common questions.
Related guides: Delaware County public records, Delaware County arrest records, Delaware County warrants, Delaware County criminal records, Delaware County court records, New York arrest records and New York inmate search.
The DWI Law in New York
Drunk driving is charged as DWI in New York, at a blood alcohol level of 0.08 or more; driving while ability impaired (DWAI) is charged from 0.05.
Driving in New York is consent to a breath or blood test when an officer has cause to suspect DWI; the license case that follows a refusal or a failed test is run by the DMV, separately from the criminal case.
For charging and sentencing, New York counts prior offenses within 10 years.
Who Makes DWI Arrests in Delaware County
The Delaware County Sheriff's Office and the agencies that report for Sidney, Walton and Hancock make the DWI arrests in Delaware County.
The FBI's agency list also places these agencies in Delaware County: the Delhi State University of New York Police (campus police); the Delaware County New York City Department of Environmental Police (other agency).
Together, the six agencies in Delaware County with all twelve months of 2025 on file reported 1,490 arrests to the FBI that year, all offenses together; the FBI's count for Delaware County does not break DWI out.
Booking After a DWI Arrest in Delaware County
A driver arrested for DWI and kept in custody goes to the county jail, whichever agency made the arrest. The jail, run by the Delaware County Sheriff's Office, held about 71 people on an average day so far in 2026 by the Vera Institute of Justice's count.
The Court Case
A DWI charge from Delaware County is brought by the District Attorney in the local criminal court.
The District Attorney's page SearchSystems verified is at delcony.gov/da, phone 607-832-5299.
The court records page SearchSystems verified for the county is at delcony.gov/departments/clerk/efile.htm, phone 607-832-5700.
Statewide, eCourts is the Unified Court System's free online case search (WebCivil, WebCrims and WebFamily).
The License Case
A DWI arrest starts two cases: the criminal one above and an administrative one over the license, run by the DMV. The driving record, kept by the New York State Department of Motor Vehicles, carries the result of both.
The Records a DWI Leaves
- The arrest report: from the agency that made the arrest, under the Freedom of Information Law.
- The court file: from the local criminal court, kept by the County Clerk.
- The driving record: from the New York State Department of Motor Vehicles.
More on each: Delaware County arrest records, Delaware County police reports and Delaware County court records.
Frequently Asked Questions
What is the DWI limit in New York?
0.08 percent blood alcohol; driving while ability impaired (DWAI) is charged from 0.05.
Where is a DWI case from Delaware County heard?
In the local criminal court, brought by the District Attorney. The court records page SearchSystems verified for the county is at delcony.gov/departments/clerk/efile.htm.
Where is a person arrested for DWI in Delaware County held?
At the county jail, run by the Delaware County Sheriff's Office, if kept in custody.
Who handles the license after a DWI arrest in New York?
The DMV, in an administrative case separate from the court case.
How long does a DWI count as a prior in New York?
10 years.
Is this the official Delaware County website?
No. SearchSystems.net is an independent public records guide, online since 1997. It links to the official county, court and state offices described above and does not hold records, charge for them or take requests.