Should You Hire a Private Attorney for DUI in Florida?
14,162 cases compared (2025) · DUI outcomes statewide
Updated September 2026 · 2025 data
We compared 5,938 DUI cases with public defenders against 8,224 cases with private attorneys across Florida (2025). Public defenders achieved a 0.4 percentage point higher dismissal rate.
Dismissal Rate by Counsel Type (2025)
Exhibit · Dismissal rate by counsel type (2025)
GapPublic defender clients' dismissal rate runs 0.4 points above private attorney clients.
Source: FDLE Criminal Justice Data Transparency · 14,162 cases · 2025 — FloridaCourtFile.com
Full Comparison: Public Defender vs Private Attorney (2025)
| Metric | Public Defender | Private Attorney | Self-Represented |
|---|---|---|---|
| Total Cases | 5,938 | 8,224 | 3,618 |
| Dismissal Rate | 1.2% | 0.8% | 1.1% |
| Conviction Rate | 94.7% | 92.1% | 97.3% |
| Guilty Rate | 93.6% | 88.6% | 96.9% |
| Adjudication Withheld | 1.1% | 3.4% | 0.4% |
| Diversion Rate | 2.6% | 6.1% | 0.1% |
| Avg Sentence | 3.1 months | 3.3 months | 2.7 months |
| Avg Fine | $1,032 | $993 | $1,113 |
| 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 (2023-2025)
Counties where both public defenders and private attorneys handled 20+ DUI cases (2023-2025).
| County | PD Cases | PD Dismissal | Private Cases | Private Dismissal | Difference |
|---|---|---|---|---|---|
| Hillsborough | 991 | 2.1% | 3,990 | 0.8% | -1.3 pts |
| Palm Beach | 1,617 | 0.5% | 2,304 | 0.2% | -0.3 pts |
| Orange | 1,161 | 2.7% | 2,437 | 1.4% | -1.3 pts |
| Duval | 1,879 | 0.3% | 1,500 | 0.2% | -0.1 pts |
| Pasco | 933 | 2.3% | 1,020 | 2.5% | +0.2 pts |
| Collier | 479 | 0.0% | 1,370 | 0.4% | +0.4 pts |
| Polk | 690 | 1.4% | 615 | 0.0% | -1.4 pts |
| Martin | 534 | 0.2% | 742 | 0.8% | +0.6 pts |
| Pinellas | 625 | 0.2% | 596 | 0.3% | +0.1 pts |
| Marion | 597 | 0.2% | 469 | 0.0% | -0.2 pts |
| Lake | 405 | 1.0% | 643 | 0.6% | -0.4 pts |
| Okaloosa | 414 | 0.5% | 629 | 2.1% | +1.6 pts |
| St. Johns | 486 | 4.3% | 489 | 0.6% | -3.7 pts |
| St. Lucie | 373 | 0.5% | 540 | 0.0% | -0.5 pts |
| Monroe | 221 | 1.8% | 625 | 2.2% | +0.4 pts |
| Santa Rosa | 424 | 0.9% | 380 | 2.1% | +1.2 pts |
| Leon | 332 | 4.2% | 274 | 4.7% | +0.5 pts |
| Bay | 407 | 0.2% | 121 | 3.3% | +3.1 pts |
| Alachua | 366 | 0.8% | 157 | 0.0% | -0.8 pts |
| Seminole | 204 | 0.5% | 257 | 0.4% | -0.1 pts |
| Walton | 226 | 2.7% | 228 | 0.9% | -1.8 pts |
| Volusia | 257 | 7.4% | 192 | 3.6% | -3.8 pts |
| Brevard | 143 | 0.0% | 224 | 2.2% | +2.2 pts |
| Nassau | 222 | 0.0% | 124 | 0.0% | 0.0 pts |
| Sumter | 127 | 0.0% | 212 | 0.5% | +0.5 pts |
| Hernando | 282 | 0.4% | 27 | 0.0% | -0.4 pts |
| Lee | 148 | 0.0% | 156 | 0.0% | 0.0 pts |
| Manatee | 161 | 5.0% | 127 | 1.6% | -3.4 pts |
| Citrus | 166 | 0.0% | 106 | 1.9% | +1.9 pts |
| Okeechobee | 147 | 1.4% | 122 | 0.0% | -1.4 pts |
| Miami-Dade | 96 | 3.1% | 167 | 0.0% | -3.1 pts |
| Osceola | 154 | 1.9% | 106 | 0.0% | -1.9 pts |
| Hendry | 97 | 2.1% | 105 | 0.0% | -2.1 pts |
| Hardee | 56 | 3.6% | 44 | 0.0% | -3.6 pts |
| Suwannee | 73 | 0.0% | 21 | 0.0% | 0.0 pts |
| Desoto | 46 | 0.0% | 42 | 0.0% | 0.0 pts |
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Frequently Asked Questions
Should you hire a private attorney for DUI in Florida?
Based on 14,162 DUI cases in Florida (2025), private attorney clients have a 0.8% dismissal rate compared to 1.2% for public defender clients. However, correlation is not causation — private attorney clients may have different case characteristics.
What is the conviction rate for DUI with a public defender vs private attorney?
For DUI in Florida, the conviction rate (guilty + adjudication withheld) is 94.7% with a public defender and 92.1% with a private attorney.
How does sentencing differ between public defenders and private attorneys for DUI?
For DUI cases with sentences imposed, the average sentence is 3.1 months with a public defender and 3.3 months with a private attorney. Average fines are $1,032 (PD) vs $993 (private).
Cite this page
FloridaCourtFile.com (2026). DUI — Public Defender vs Private Attorney Outcomes in Florida (2025). Based on 14,162 public court records; last updated September 2026. https://www.floridacourtfile.com/counsel-outcomes/dui
Conviction includes guilty pleas and adjudication withheld. Data covers 2023–2025 FDLE public court records. Last updated: September 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 · 14,162 cases analyzed · 2025 · Data last updated September 2026