DUI in Brevard County, Florida

DUI cases in Brevard County result in conviction at notably higher rates than the statewide average. Nearly 60 percent of defendants are found guilty, while an additional 39 percent receive adjudication withheld—a Florida mechanism where judges find guilt but spare defendants a formal conviction record. Together, these outcomes mean conviction or conviction-equivalent results occur in over 98 percent of cases. Dismissals are rare at less than one percent, running half a percentage point below the statewide average of 1.4 percent. This pattern suggests Brevard County prosecutors pursue DUI charges aggressively, with judges sustaining those cases at high rates. The withheld adjudication option appears to function as the primary alternative to guilty verdicts rather than dismissal or diversion.

Sentences remain relatively light in median terms—11 days—but probation extends substantially at an average of 321 days, meaning most DUI defendants serve supervised release much longer than confinement. Jail time occurs in 13 percent of cases. Public defenders handle less than 10 percent of DUI cases while private attorneys represent over 15 percent, indicating a sizable portion of DUI defendants manage their own counsel arrangements. Notably, diversion programs remain virtually unused at 0.1 percent, compared to a statewide average of 2.2 percent, suggesting Brevard offers few or minimal alternatives to traditional prosecution.

0.9% of DUI cases in Brevard County are dismissed, and 38.7% receive adjudication withheld. An attorney can review your situation — free, no obligation.

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1,533
Total Cases
59.7%
Guilty Rate
38.7%
Withheld Rate
0.9%
Dismissal Rate
1.3 months
Avg Sentence
1
Within 10 days

Request a formal review hearing with the DMV (DHSMV) to challenge your license suspension. Missing this deadline means an automatic suspension.

2
2–4 weeks

Arraignment. Charges are formally presented. Pre-trial diversion may be offered.

3
1–4 months

Pre-trial period. Your attorney negotiates with the State Attorney's office. 38.8% of DUI cases in Brevard County receive adjudication withheld or diversion.

4
11 days (median)

Typical resolution time for DUI cases in Brevard County.

Source: Florida Statutes & DHSMV administrative rules — general process overview, not legal advice.

Guilty
59.7% (915)
Withheld
38.7% (594)
Diversion
0.1% (1)
Dismissed
0.9% (14)
Acquitted
0.2% (3)
1.3 months
Avg Sentence
11 days
Median Sentence
10.7 months
Avg Probation
0.0%
Prison Rate
13.1%
Jail Rate
Confinement Type Count Avg Sentence
County Jail 201 1.3 months
236
Private Attorney
53.0% guilty · 2.1% dismissed
150
Public Defender
80.0% guilty · 0.0% dismissed
2.2%
Under 21
22.0%
21-29
28.3%
30-39
21.1%
40-49
14.0%
50-59
12.4%
60+
Year Cases Guilty Rate Dismissal Rate Avg Sentence
2023 141 65.2% 0.7% 28 days
2024 797 55.5% 0.4% 1.7 months
2025 595 64.0% 1.7% 1.1 months
Level Degree Cases
NULL NULL 1,533
Charge Cases Guilty Rate Dismissal Rate
Traffic Offense 4,553 68.7% 1.7%
Other 3,158 28.3% 29.4%
Drug Possession 2,070 72.5% 0.8%
Larceny / Theft 1,623 65.6% 0.6%
Trespassing 1,103 83.7% 0.6%
Battery 1,080 59.7% 2.1%
Contempt of Court 1,011 11.4% 84.9%
Resisting Officer 692 68.4% 1.3%

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What is the guilty rate for DUI in Brevard County?
The guilty rate is 59.7% based on 1,533 cases (2023-2025).
How often is adjudication withheld for DUI in Brevard County?
Adjudication is withheld in 38.7% of cases. This is a Florida-specific outcome where the court finds guilt but does not formally convict, allowing the defendant to avoid a conviction record under FL Statute 948.01.
What is the average sentence for DUI in Brevard County?
The average sentence is 1.3 months.
What percentage use a public defender vs private attorney?
9.8% of defendants use a public defender, while 15.4% retain private counsel.

About this data: Statistics are derived from FDLE Criminal Justice Data Transparency records for Brevard County. "Guilty" includes all cases where the defendant was found guilty. "Adjudication withheld" is a Florida-specific disposition where guilt is found but the court withholds formal adjudication under FL Statute 948.01. "Dismissed" includes all cases dismissed by the court or prosecution.

Source: FDLE Criminal Justice Data Transparency · 1,533 cases · 2023-2025 · Data last updated March 2026