DUI in Lee County, Florida

DUI cases in Lee County result in guilty findings at an exceptionally high rate of 98.2 percent, far exceeding the statewide average pattern. Dismissals occur in less than 1 percent of cases here compared to 1.4 percent statewide, suggesting the State Attorney's office pursues these charges aggressively with minimal pretrial winnowing. Adjudication withheld—a Florida-specific outcome that avoids a formal conviction—appears in only 0.4 percent of Lee County DUI resolutions versus 1.5 percent statewide. Pre-trial diversion, which allows defendants to avoid conviction entirely through program completion, does not occur in Lee County DUI cases, while it happens in 2.2 percent of cases statewide. This jurisdiction shows little tolerance for alternatives to conviction.

Sentencing reflects conviction severity: the median sentence is 24 days, but the average climbs to 88 days, indicating some defendants receive substantially longer terms. About 31 percent of convicted defendants spend time in jail and less than 1 percent in prison. Probation averages 317 days. Public defenders handled 7.7 percent of cases while private attorneys represented 11.5 percent, leaving the majority unrepresented in the available data, suggesting cash bail or other arrangements determined counsel access.

0.6% of DUI cases in Lee County are dismissed, and 0.4% receive adjudication withheld. An attorney can review your situation — free, no obligation.

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3,521
Total Cases
98.2%
Guilty Rate
0.4%
Withheld Rate
0.6%
Dismissal Rate
2.9 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. A portion of DUI cases in Lee County receive adjudication withheld or diversion.

4
24 days (median)

Typical resolution time for DUI cases in Lee County.

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

Guilty
98.2% (3,457)
Withheld
0.4% (15)
Diversion
0.0% (1)
Dismissed
0.6% (20)
Acquitted
0.8% (27)
2.9 months
Avg Sentence
24 days
Median Sentence
10.6 months
Avg Probation
0.8%
Prison Rate
30.5%
Jail Rate
Confinement Type Count Avg Sentence
County Jail 1,073 2.0 months
State Prison Facility 28 3.2 years
405
Private Attorney
98.0% guilty · 0.0% dismissed
271
Public Defender
99.3% guilty · 0.4% dismissed
63
Self or Unrepresented
100.0% guilty · 0.0% dismissed

Demographic data reflects systemic patterns in the criminal justice system and should not be used to draw conclusions about any racial or ethnic group. Disparities may reflect differences in policing, prosecution, and socioeconomic factors rather than actual crime rates.

Race Cases Guilty Rate Dismissal Rate
White 3,027 98.1% 0.6%
Black 273 98.5% 0.0%
Asian 14 100.0% 0.0%
American Indian or Alaska Native 10 90.0% 10.0%
2.5%
Under 21
24.6%
21-29
28.5%
30-39
20.2%
40-49
14.4%
50-59
9.8%
60+
Year Cases Guilty Rate Dismissal Rate Avg Sentence
2023 1,064 96.5% 1.2% 2.7 months
2024 1,205 98.8% 0.3% 3.1 months
2025 1,252 99.0% 0.2% 3.0 months
Level Degree Cases
Misdemeanor Not Applicable 2,067
Misdemeanor First Degree 1,232
Misdemeanor Second Degree 137
Felony Third Degree 85
Charge Cases Guilty Rate Dismissal Rate
Drug Possession 5,953 79.4% 0.2%
Traffic Offense 5,651 78.7% 0.1%
Larceny / Theft 2,186 81.9% 0.5%
Resisting Officer 1,991 85.2% 1.6%
Battery 1,752 69.5% 1.8%
Trespassing 1,425 88.0% 4.5%
Other 1,124 70.6% 1.5%
Burglary 646 76.0% 0.8%

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What is the guilty rate for DUI in Lee County?
The guilty rate is 98.2% based on 3,521 cases (2023-2025).
How often is adjudication withheld for DUI in Lee County?
Adjudication is withheld in 0.4% 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 Lee County?
The average sentence is 2.9 months.
What percentage use a public defender vs private attorney?
7.7% of defendants use a public defender, while 11.5% retain private counsel.

About this data: Statistics are derived from FDLE Criminal Justice Data Transparency records for Lee 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 · 3,521 cases · 2023-2025 · Data last updated March 2026