DUI in Brevard County, Florida
667 cases (2025) · Brevard County courts
Updated July 2026 · 2025 data
In 2025, Brevard County DUI outcomes differed sharply from statewide patterns. Though 62.5 percent resulted in guilty verdicts, 35.5 percent received adjudication withheld—a Florida-specific disposition where judges find guilt but protect defendants' criminal records. This rate is 34 percentage points above the statewide average of 1.5 percent, indicating a more lenient judicial approach to impaired driving charges in the Eighteenth Judicial Circuit. Only 1.5 percent were dismissed.
Sentences averaged 33 days with a median of 10 days, and only 12.6 percent received jail confinement. Notably, no diversion programs were utilized, despite the statewide rate of 2.1 percent. Private counsel represented 22 percent of defendants, while 11.7 percent received public defenders.
Where You Are in the Process
Exhibit · DUI case 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. A portion 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.
Before Court: State Attorney Decisions
Not every DUI charge in Brevard County makes it in front of a judge. Of 3,748 prosecutor decisions on DUI charges (2023-2025), the State Attorney declined to file, dropped, or dismissed 7.1% — below the 15.3% statewide rate. These decisions happen early in a case, before trial.
Source: Florida Department of Law Enforcement, State Attorney case data (2023-2025). Rates are per charge, not per defendant — a dropped charge often reflects a plea agreement on another charge in the same case, not the case going away. Percentages are of charges receiving a prosecution decision; transfers between courts are excluded. Court outcome data on this page is a separate dataset covering cases that reached disposition. Statewide charging patterns: The Florida Prosecution Report.
Outcome Breakdown (2025)
Exhibit · Case outcomes (2025)
Largest outcomeGuilty — 62.5% of 667 cases.
Source: FDLE Criminal Justice Data Transparency · 667 cases · 2025 — FloridaCourtFile.com
Sentencing Breakdown (2025)
Exhibit · Sentencing when convicted (2025)
Confinement-type detail below is computed across all available years (2023-2025).
| Confinement Type | Count | Avg Sentence |
|---|---|---|
| County Jail | 207 | 1.3 months |
Convicted defendants' full sentencing detail — sentence ranges, fines, prison vs. probation odds: DUI sentencing in Brevard County.
Counsel Analysis (2025)
Age Distribution (2025)
Year-Over-Year Trends
Exhibit · Disposition trends
| Year | Cases | Guilty Rate | Dismissal Rate | Avg Sentence |
|---|---|---|---|---|
| 2023 | 141 | 65.2% | 0.7% | 28 days |
| 2024 | 795 | 55.3% | 0.4% | 1.7 months |
| 2025 | 667 | 62.5% | 1.5% | 1.1 months |
Quarterly detail
Quarterly figures recompute from monthly disposition counts; quarters with fewer than 30 cases are suppressed.
Charge Level Breakdown
| Level | Degree | Cases |
|---|---|---|
| NULL | NULL | 1,603 |
Related Charges in Brevard County
Rates shown are 2025 unless marked otherwise.
| Charge | Cases | Guilty Rate | Dismissal Rate |
|---|---|---|---|
| Traffic Offense | 989 | 73.3% | 1.2% |
| Other | 952 | 27.6% | 25.7% |
| Drug Possession | 697 | 77.6% | 0.9% |
| Larceny / Theft | 496 | 65.7% | 0.6% |
| Trespassing | 370 | 82.7% | 1.1% |
| Battery | 315 | 62.5% | 1.3% |
| Contempt of Court | 291 | 11.7% | 84.5% |
| Resisting Officer | 240 | 65.8% | 0.4% |
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Frequently Asked Questions
What is the guilty rate for DUI in Brevard County?
The guilty rate is 62.5% based on 667 cases (2025).
How often is adjudication withheld for DUI in Brevard County?
Adjudication is withheld in 35.5% of cases (2025). 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 1.1 months (2025).
What percentage use a public defender vs private attorney?
11.7% of defendants use a public defender, while 22.0% retain private counsel (2025).
Cite this page
FloridaCourtFile.com (2026). DUI in Brevard County, Florida (2025). Based on 667 public court records; last updated July 2026. https://www.floridacourtfile.com/charges/dui/brevard
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 · 667 cases (2025) · Data last updated July 2026 — FloridaCourtFile.com