DUI in Miami-Dade County, Florida

DUI cases in Miami-Dade County result in guilty findings far more often than the state average, with 82.6 percent of defendants convicted compared to outcomes elsewhere in Florida. Adjudication withheld—a deferred conviction option—occurs in 7.2 percent of local cases, substantially higher than the 1.5 percent statewide average, suggesting Miami-Dade judges more frequently allow defendants to avoid a permanent conviction record despite guilt findings. Dismissals are rare at 1.1 percent, slightly below the statewide rate of 1.4 percent. Diversion programs, which let defendants bypass conviction entirely through program completion, occur in 8.3 percent of Miami-Dade DUI cases, nearly four times the statewide average of 2.2 percent. This combination indicates Miami-Dade handles DUI cases with both high conviction rates and relatively expanded opportunities for alternatives to conviction.

Defendants convicted or receiving withheld adjudication typically face probation averaging 947 days alongside median jail sentences of 120 days. About 11.4 percent receive prison time, while 26.5 percent receive jail confinement. Average fines total $406. A substantial majority—63.6 percent—are represented by private attorneys, compared to 36.4 percent using public defenders, reflecting Miami-Dade's demographic composition.

1.1% of DUI cases in Miami-Dade County are dismissed, and 7.2% receive adjudication withheld. An attorney can review your situation — free, no obligation.

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264
Total Cases
82.6%
Guilty Rate
7.2%
Withheld Rate
1.1%
Dismissal Rate
8.4 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. 15.5% of DUI cases in Miami-Dade County receive adjudication withheld or diversion.

4
4.0 months (median)

Typical resolution time for DUI cases in Miami-Dade County.

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

Guilty
82.6% (218)
Withheld
7.2% (19)
Diversion
8.3% (22)
Dismissed
1.1% (3)
Acquitted
0.8% (2)
8.4 months
Avg Sentence
4.0 months
Median Sentence
2.6 years
Avg Probation
$406
Avg Fine
11.4%
Prison Rate
26.5%
Jail Rate
Confinement Type Count Avg Sentence
County Jail 70 3.1 months
State Prison Facility 30 1 year, 8 months
168
Private Attorney
83.3% guilty · 0.0% dismissed
96
Public Defender
81.2% guilty · 3.1% 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 204 83.3% 1.5%
Black 57 78.9% 0.0%
1.9%
Under 21
23.9%
21-29
27.3%
30-39
21.6%
40-49
17.4%
50-59
8.0%
60+
Year Cases Guilty Rate Dismissal Rate Avg Sentence
2023 108 88.9% 0.0% 7.3 months
2024 71 78.9% 0.0% 11.3 months
2025 85 77.6% 3.5% 7.3 months
Level Degree Cases
Misdemeanor Second Degree 99
Misdemeanor First Degree 86
Felony Third Degree 65
NULL NULL 13
Felony Second Degree 1
Charge Cases Guilty Rate Dismissal Rate
Other 17,318 16.9% 54.7%
Larceny / Theft 13,324 61.6% 1.0%
Drug Possession 6,986 65.1% 0.7%
Resisting Officer 6,189 50.6% 2.1%
Battery 5,809 42.9% 2.0%
Burglary 4,095 72.7% 1.1%
Fraud 4,065 41.6% 0.5%
Traffic Offense 3,507 56.1% 8.3%

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What is the guilty rate for DUI in Miami-Dade County?
The guilty rate is 82.6% based on 264 cases (2023-2025).
How often is adjudication withheld for DUI in Miami-Dade County?
Adjudication is withheld in 7.2% 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 Miami-Dade County?
The average sentence is 8.4 months, with an average fine of $406.
What percentage use a public defender vs private attorney?
36.4% of defendants use a public defender, while 63.6% retain private counsel.

About this data: Statistics are derived from FDLE Criminal Justice Data Transparency records for Miami-Dade 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 · 264 cases · 2023-2025 · Data last updated March 2026