In the event you received a Youthful Offender (Y.O) adjudication Under CPL 720.35(1) in connection with a DWI charge, two points are worth noting:
1) Y.O. adjudication will not cause a subsequent DWI charge received as an adult to be elevated to a felony.
2) Previously, a Y.O. adjudication did not count as a first DWI for the purpose of the DMV Regulations enacted in 2012. However, under the newly DMV regulations which became effective on February 16, 2026, accepting a Youthful Offender Adjudication to resolve a DWI or DWAI charge will now count as an alcohol related incident under the 2012 regulations.
A Y.O. adjudication will not elevate a second DWI to a felony because it is not considered to be a judgment of conviction. However, the underlying facts would still be admissible in court to impeach any defense testimony offered at a subsequent DWI trial.
