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.
Montgomery County, New York, has about 50,000 residents (2024 Census Bureau estimate). A DWI arrest in Montgomery 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: Montgomery County public records, Montgomery County arrest records, Montgomery County warrants, Montgomery County inmate search, Montgomery County criminal records, New York arrest records and New York inmate search.
The DWI Law in New York
In New York the offense is DWI, and the limit is 0.08; 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 Montgomery County
The Montgomery County Sheriff's Office and the agencies that report for Amsterdam, Canajoharie, Fort Plain and St. Johnsville make the DWI arrests in Montgomery County.
Together, the four agencies in Montgomery County with all twelve months of 2025 on file reported 1,328 arrests to the FBI that year, all offenses together; the FBI's count for Montgomery County does not break DWI out.
Booking After a DWI Arrest in Montgomery 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 Montgomery County Sheriff's Office, held about 120 people on an average day so far in 2026 by the Vera Institute of Justice's count and has a custody page SearchSystems verified at mcsojail.countygovservices.com/Home/CurrentInmates. The Montgomery County inmate search guide covers the jail in full.
The Court Case
The District Attorney files the charge, and the case is heard in the local criminal court.
The District Attorney's page SearchSystems verified is at montgomerycountyny.gov, phone 518-853-8250.
The court records page SearchSystems verified for the county is at montgomerycountyny.gov/web/sites/departments/countyclerk/contact.asp, phone 518-853-8111.
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: Montgomery County arrest records, Montgomery County police reports and Montgomery 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 Montgomery County heard?
In the local criminal court, brought by the District Attorney. The court records page SearchSystems verified for the county is at montgomerycountyny.gov.
Where is a person arrested for DWI in Montgomery County held?
At the county jail, run by the Montgomery 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 Montgomery 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.