Should You Hire a Private Attorney for DUI in Florida?

We compared 16,589 DUI cases with public defenders against 21,570 cases with private attorneys across Florida (2023-2025). Public defenders achieved a 0.4 percentage point higher dismissal rate.

1.3%
PD Dismissal Rate
16,589 cases
0.9%
Private Attorney Dismissal Rate
21,570 cases
-0.4 pts
Dismissal Rate Difference
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Full Comparison: Public Defender vs Private Attorney

Metric Public Defender Private Attorney Self-Represented
Total Cases 16,589 21,570 14,039
Dismissal Rate 1.3% 0.9% 0.8%
Conviction Rate 94.7% 91.0% 98.2%
Guilty Rate 93.7% 88.0% 97.8%
Adjudication Withheld 1.1% 2.9% 0.4%
Diversion Rate 2.6% 7.2% 0.1%
Avg Sentence 2.9 months 2.8 months 2.5 months
Avg Fine $1,008 $984.71 $1,115
Avg Probation 1 year 1 year 1 year

Important context: Correlation is not causation. Private attorney clients may differ from public defender clients in income, prior criminal history, charge severity, and willingness to go to trial. These factors independently affect outcomes. Public defenders carry heavier caseloads but have deep institutional knowledge of local courts. This data is informational and does not constitute legal advice.

County-by-County Breakdown

Counties where both public defenders and private attorneys handled 20+ DUI cases.

County PD Cases PD Dismissal Private Cases Private Dismissal Difference
Hillsborough 1,474 1.7% 3,522 0.8% -0.9 pts
Palm Beach 1,632 0.5% 2,382 0.2% -0.3 pts
Orange 1,190 2.6% 2,671 1.3% -1.3 pts
Duval 1,891 0.3% 1,500 0.3% 0.0 pts
Pasco 925 2.3% 1,033 2.5% +0.2 pts
Collier 476 0.0% 1,389 0.4% +0.4 pts
Polk 699 1.6% 641 0.0% -1.6 pts
Martin 527 0.2% 751 0.8% +0.6 pts
Lake 415 1.0% 651 0.6% -0.4 pts
Marion 597 0.2% 469 0.0% -0.2 pts
Okaloosa 415 0.5% 630 2.1% +1.6 pts
St. Johns 479 4.4% 496 0.6% -3.8 pts
St. Lucie 370 0.5% 537 0.0% -0.5 pts
Santa Rosa 424 0.9% 380 2.1% +1.2 pts
Monroe 185 2.2% 567 2.5% +0.3 pts
Lee 271 0.4% 405 0.0% -0.4 pts
Leon 331 4.2% 273 4.8% +0.6 pts
Pinellas 275 0.0% 279 0.7% +0.7 pts
Bay 411 0.2% 120 3.3% +3.1 pts
Alachua 369 0.8% 156 0.0% -0.8 pts
Seminole 196 0.5% 262 0.4% -0.1 pts
Volusia 261 7.3% 194 3.1% -4.2 pts
Walton 226 2.7% 228 0.9% -1.8 pts
Brevard 150 0.0% 236 2.1% +2.1 pts
Nassau 222 0.0% 123 0.0% 0.0 pts
Sumter 126 0.0% 211 0.5% +0.5 pts
Hernando 279 0.4% 27 0.0% -0.4 pts
Manatee 162 4.9% 126 1.6% -3.3 pts
Citrus 170 0.0% 112 1.8% +1.8 pts
Osceola 173 1.7% 108 0.0% -1.7 pts
Okeechobee 145 1.4% 121 0.0% -1.4 pts
Miami-Dade 96 3.1% 168 0.0% -3.1 pts
Hendry 97 1.0% 105 0.0% -1.0 pts
Hardee 56 3.6% 44 0.0% -3.6 pts
Suwannee 73 0.0% 21 0.0% 0.0 pts
Desoto 45 0.0% 42 0.0% 0.0 pts

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Frequently Asked Questions

Based on 38,159 DUI cases in Florida (2023-2025), private attorney clients have a 0.9% dismissal rate compared to 1.3% for public defender clients. However, correlation is not causation — private attorney clients may have different case characteristics.
For DUI in Florida, the conviction rate (guilty + adjudication withheld) is 94.7% with a public defender and 91.0% with a private attorney.
For DUI cases with sentences imposed, the average sentence is 2.9 months with a public defender and 2.8 months with a private attorney. Average fines are $1,008 (PD) vs $984.71 (private).

Conviction includes guilty pleas and adjudication withheld. Data covers 2023–2025 FDLE public court records. Last updated: March 2026

Important: Differences in outcomes between public defenders and private attorneys may reflect differences in case complexity, defendant resources, charge severity, and other factors — not solely attorney quality. These statistics do not predict individual case outcomes.

Source: FDLE Criminal Justice Data Transparency · 38,159 cases analyzed · 2023-2025 · Data last updated March 2026