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.

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517
Total Cases
90.9%
Guilty Rate
2.9%
Withheld Rate
5.6%
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. 3.3% of DUI cases in Volusia County receive adjudication withheld or diversion.

4
1.0 months (median)

Typical resolution time for DUI cases in Volusia County.

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

Guilty
90.9% (470)
Withheld
2.9% (15)
Diversion
0.4% (2)
Dismissed
5.6% (29)
Acquitted
0.0% (0)
2.9 months
Avg Sentence
1.0 months
Median Sentence
1 year, 3 months
Avg Probation
$1,246
Avg Fine
2.3%
Prison Rate
52.4%
Jail Rate
Confinement Type Count Avg Sentence
County Jail 271 2.1 months
State Prison Facility 12 1 year, 10 months
261
Public Defender
90.4% guilty · 7.3% dismissed
194
Private Attorney
91.2% guilty · 3.1% dismissed
59
Self or Unrepresented
91.5% guilty · 6.8% 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 456 90.4% 5.7%
Black 49 93.9% 6.1%
3.3%
Under 21
15.5%
21-29
27.9%
30-39
26.7%
40-49
14.7%
50-59
12.0%
60+
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
Level Degree Cases
Misdemeanor First Degree 458
Felony Third Degree 52
Misdemeanor Second Degree 6
Misdemeanor NULL 1
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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What is the guilty rate for DUI in Volusia County?
The guilty rate is 90.9% based on 517 cases (2023-2025).
How often is adjudication withheld for DUI in Volusia County?
Adjudication is withheld in 2.9% 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 Volusia County?
The average sentence is 2.9 months, with an average fine of $1,246.
What percentage use a public defender vs private attorney?
50.5% of defendants use a public defender, while 37.5% retain private counsel.

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