DUI in Volusia County, Florida
DUI cases in Volusia County end in guilty verdicts at a markedly high rate—90.9 percent compared to a statewide average guilty rate of roughly 94 percent when combining guilty and withheld outcomes. What stands out is the dismissal rate: at 5.6 percent, it is nearly four times higher than the statewide average of 1.4 percent. This suggests Volusia prosecutors face stronger evidentiary challenges in DUI cases than their counterparts elsewhere in Florida, or the State Attorney's office in this circuit may apply stricter charging thresholds. The diversion rate of 0.4 percent is notably low compared to the statewide average of 2.2 percent, meaning few defendants avoid conviction through pre-trial programs.
Sentencing in Volusia DUI cases reflects a split approach: the average sentence spans 87 days, but the median is just 30 days, indicating some cases receive substantially longer terms that pull up the average. Confinement is common—52.4 percent of defendants serve jail time, with only 2.3 percent receiving prison sentences. Probation averages 454 days. Fines average $1,246. About half of defendants were represented by public defenders and slightly more than one-third by private attorneys, showing mixed access to retained counsel.
5.6% of DUI cases in Volusia County are dismissed — higher than Florida's statewide average of 1.2%. An attorney who works in Volusia County can tell you if your case fits the dismissal pattern.
Ask a Volusia 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. 3.3% of DUI cases in Volusia County receive adjudication withheld or diversion.
Typical resolution time for DUI cases in Volusia County.
Source: Florida Statutes & DHSMV administrative rules — general process overview, not legal advice.
Outcome Breakdown
Sentencing Breakdown
| Confinement Type | Count | Avg Sentence |
|---|---|---|
| County Jail | 271 | 2.1 months |
| State Prison Facility | 12 | 1 year, 10 months |
Counsel Analysis
Demographics
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 | 456 | 90.4% | 5.7% |
| Black | 49 | 93.9% | 6.1% |
Age Distribution
Year-Over-Year Trends
| Year | Cases | Guilty Rate | Dismissal Rate | Avg Sentence |
|---|---|---|---|---|
| 2023 | 146 | 86.3% | 8.9% | 3.8 months |
| 2024 | 178 | 89.9% | 5.6% | 1.6 months |
| 2025 | 193 | 95.3% | 3.1% | 3.3 months |
Charge Level Breakdown
| Level | Degree | Cases |
|---|---|---|
| Misdemeanor | First Degree | 458 |
| Felony | Third Degree | 52 |
| Misdemeanor | Second Degree | 6 |
| Misdemeanor | NULL | 1 |
Related Charges in Volusia County
| Charge | Cases | Guilty Rate | Dismissal Rate |
|---|---|---|---|
| Other | 26,889 | 15.9% | 51.3% |
| Drug Possession | 15,291 | 69.8% | 1.1% |
| Traffic Offense | 14,935 | 49.4% | 5.4% |
| Battery | 6,128 | 50.6% | 3.1% |
| Larceny / Theft | 4,676 | 63.3% | 3.7% |
| Resisting Officer | 4,313 | 67.1% | 2.3% |
| Trespassing | 3,956 | 77.7% | 3.2% |
| Sex Offense | 2,019 | 89.6% | 3.3% |
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Frequently Asked Questions
About this data: Statistics are derived from FDLE Criminal Justice Data Transparency records for Volusia 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 · 517 cases · 2023-2025 · Data last updated March 2026