DUI in Lee County, Florida

1,301 cases (2025) · Lee County courts

In 2025, Lee County secured convictions in 98.9% of 1,301 DUI cases with virtually no diversions, dismissals, or withheld adjudications. This represents one of Florida's most prosecutorial DUI outcomes, with felony conviction as the near-certain endpoint. Lee's 0% diversion rate and 0.2% dismissal rate eliminate alternative pathways available in most counties.

Paradoxically, Lee sentences DUI convictions leniently. Defendants averaged 97.9 days with a median of 20 days, the shortest among these counties. However, 35.5% received jail time—the highest rate statewide. Average probation of 317 days remains below statewide average. Lee's combination of near-certain conviction with short incarceration suggests the county emphasizes jail throughput over imprisonment.

1,301
Total Cases (2025)
98.9%
Guilty Rate
0.3%
Withheld Rate
0.2%
Dismissal Rate
vs 1.2% statewide, 2025
3.2 months
Avg Sentence

Exhibit · DUI case process

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
20 days (median)

Typical resolution time for DUI cases in Lee County.

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

Not every DUI charge in Lee County makes it in front of a judge. Of 7,884 prosecutor decisions on DUI charges (2023-2025), the State Attorney declined to file, dropped, or dismissed 45.7% — above the 15.3% statewide rate. These decisions happen early in a case, before trial.

Filed for prosecution
54.1% (4,269)
Declined to file
0.0% (0)
Dropped after filing
45.4% (3,581)
Administratively dismissed
0.3% (23)
Pre-trial diversion
0.1% (11)

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.

I Outcomes

Exhibit · Case outcomes (2025)

Guilty
98.9% (1,287)
Withheld
0.3% (4)
Diversion
0.0% (0)
Dismissed
0.2% (3)
Acquitted
0.5% (6)

Largest outcomeGuilty — 98.9% of 1,301 cases.

Source: FDLE Criminal Justice Data Transparency · 1,301 cases · 2025 — FloridaCourtFile.com

II Sentencing

Exhibit · Sentencing when convicted (2025)

3.2 months
Avg Sentence
20 days
Median Sentence
10.6 months
Avg Probation
1.2%
Prison Rate
35.5%
Jail Rate

Confinement-type detail below is computed across all available years (2023-2025).

Confinement Type Count Avg Sentence
County Jail 1,110 2.0 months
State Prison Facility 33 3.2 years
129
Private Attorney
99.2% guilty · 0.0% dismissed
115
Public Defender
99.1% guilty · 0.0% dismissed
21
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 1,087 99.1% 0.2%
Black 112 97.3% 0.0%
2.5%
Under 21
26.2%
21-29
28.7%
30-39
19.8%
40-49
15.1%
50-59
7.8%
60+

Exhibit · Disposition trends

Year Cases Guilty Rate Dismissal Rate Avg Sentence
2023 1,108 96.7% 1.2% 2.8 months
2024 1,267 98.4% 0.8% 3.2 months
2025 1,301 98.9% 0.2% 3.2 months

Quarterly detail

0.9%
2.2%
1.5%
0.0%
2.0%
0.3%
0.6%
0.3%
0.3%
0.3%
0.0%
0.3%
Q1’23 Q2’23 Q3’23 Q4’23 Q1’24 Q2’24 Q3’24 Q4’24 Q1’25 Q2’25 Q3’25 Q4’25

Quarterly figures recompute from monthly disposition counts; quarters with fewer than 30 cases are suppressed.

Level Degree Cases
Misdemeanor Not Applicable 2,113
Misdemeanor First Degree 1,332
Misdemeanor Second Degree 137
Felony Third Degree 94
Charge Cases Guilty Rate Dismissal Rate
Traffic Offense 4,039 67.2% 0.2%
Drug Possession 2,117 77.4% 0.1%
Larceny / Theft 913 82.4% 0.5%
Resisting Officer 686 84.0% 1.9%
Battery 717 71.7% 2.5%
Trespassing 456 83.3% 5.9%
Other 458 72.5% 1.5%
Burglary 267 74.5% 1.1%
III Getting Help

Need a Defense Attorney in Lee County?

Get matched with a local attorney who handles DUI cases. Free, confidential, no obligation.

What is the guilty rate for DUI in Lee County?

The guilty rate is 98.9% based on 1,301 cases (2025).

How often is adjudication withheld for DUI in Lee County?

Adjudication is withheld in 0.3% 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 Lee County?

The average sentence is 3.2 months (2025).

What percentage use a public defender vs private attorney?

8.8% of defendants use a public defender, while 9.9% retain private counsel (2025).

Cite this page

FloridaCourtFile.com (2026). DUI in Lee County, Florida (2025). Based on 1,301 public court records; last updated July 2026. https://www.floridacourtfile.com/charges/dui/lee

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 · 1,301 cases (2025) · Data last updated July 2026 — FloridaCourtFile.com