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.
Ask a Brevard County attorney — freeWhere You Are in the Process
Request a formal review hearing with the DMV (DHSMV) to challenge your license suspension. Missing this deadline means an automatic suspension.
Arraignment. Charges are formally presented. Pre-trial diversion may be offered.
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.
Typical resolution time for DUI cases in Brevard County.
Source: Florida Statutes & DHSMV administrative rules — general process overview, not legal advice.
Outcome Breakdown
Sentencing Breakdown
| Confinement Type | Count | Avg Sentence |
|---|---|---|
| County Jail | 201 | 1.3 months |
Counsel Analysis
Age Distribution
Year-Over-Year Trends
| 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 |
Charge Level Breakdown
| Level | Degree | Cases |
|---|---|---|
| NULL | NULL | 1,533 |
Related Charges in Brevard County
| 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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Frequently Asked Questions
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