DUI in Polk County — Public Defender vs Private Attorney

In Polk County, we compared 699 DUI cases with public defenders against 641 cases with private attorneys (2023-2025). Public defenders achieved a 1.6 percentage point higher dismissal rate.

1.6%
PD Dismissal Rate
699 cases
0.0%
Private Attorney Dismissal Rate
641 cases
-1.6 pts
Dismissal Rate Difference
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Full Comparison: Public Defender vs Private Attorney

Metric Public Defender Private Attorney Self-Represented
Total Cases 699 641 1,206
Dismissal Rate 1.6% 0.0% 0.3%
Conviction Rate 97.4% 99.2% 98.1%
Guilty Rate 97.4% 99.2% 97.8%
Adjudication Withheld 0.0% 0.0% 0.2%
Diversion Rate 0.0% 0.0% 0.1%
Avg Sentence 3.7 months 3.5 months 3.8 months
Avg Fine $998.34 $1,006 $1,068
Avg Probation 1 year 1 year, 1 months 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. This data is informational and does not constitute legal advice.

Statewide Comparison

Statewide, the dismissal rate for DUI is 1.3% with public defenders and 0.9% with private attorneys (-0.4 point difference). Polk County's -1.6 point difference is below the statewide average.

Location PD Dismissal Private Dismissal Difference
Polk County 1.6% 0.0% -1.6 pts
Florida (Statewide) 1.3% 0.9% -0.4 pts

Other Charges in Polk County

Charge PD Cases PD Dismissal Private Cases Private Dismissal
Drug Possession 5,606 0.1% 2,094 0.0%
Traffic Offense 2,995 0.4% 1,336 0.2%
Larceny / Theft 2,316 0.9% 989 0.1%
Resisting Officer 2,052 1.6% 797 0.3%
Battery 1,765 2.2% 823 0.4%
Other 1,332 8.8% 803 1.6%
Trespassing 1,222 6.3% 304 0.0%
Sex Offense 710 1.3% 477 0.4%

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Frequently Asked Questions

In Polk County, private attorney clients have a 0.0% dismissal rate for DUI compared to 1.6% for public defender clients. This is a -1.6 percentage point difference based on 1,340 cases. However, correlation is not causation — private attorney clients may have different case characteristics.
The conviction rate for DUI in Polk County is 97.4% with a public defender and 99.2% with a private attorney. Conviction includes both guilty findings and adjudication withheld.
Statewide, the dismissal rate is 1.3% for public defenders and 0.9% for private attorneys. Polk County's difference of -1.6 points compares to a statewide difference of -0.4 points.

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 · 1,340 cases analyzed · Polk County · 2023-2025 · Data last updated March 2026