How long does a DUI case take in Delaware County, from arrest to sentencing?

Last updated October 26, 2026.

There is no set length for a Delaware County DUI case, but each stage has a time limit in the Pennsylvania Rules of Criminal Procedure: the preliminary hearing within 14 or 21 days of the preliminary arraignment, or at least 20 days after a summons is mailed; trial generally within 365 days of the complaint, not counting excludable delay; and sentence ordinarily within 90 days of a plea or verdict (Pa.R.Crim.P. 510, 540, 600 and 704). A case on the ARD track runs on a different calendar, with a pretrial conference about six months after formal arraignment and then 12 months of probation in Delaware County.

So the honest answer depends on the path the case takes, and on who asks for more time along the way. This page sets out each stage, its rule and what tends to stretch it. For penalties and defenses in general, start with our main DUI defense page.

How does a Delaware County DUI case move, stage by stage?

1. Arrest and testing. When the most serious charge is a DUI misdemeanor and the release conditions are met, police release the driver instead of taking them before a judge (Pa.R.Crim.P. 519(B)(1)). The complaint must then be filed within 5 days of release, and the case continues by summons rather than an arrest warrant (519(B)(2)).
2. Preliminary arraignment or summons. A driver who is held goes through the county's central intake, where the county says a preliminary arraignment takes place within 72 hours of arrest. A driver who gets a summons receives a hearing date at least 20 days after it was mailed, unless the defense asks for an earlier date and the arresting officer agrees (Rule 510(A)).
3. Preliminary hearing. After a preliminary arraignment, the hearing must be set no later than 14 days out if the person is in custody on this case only, and 21 days otherwise, unless extended for cause (Rule 540(G)(1)). The county's flow chart describes hearings scheduled within 3 to 10 days that can be postponed. The court that hears it depends on the town; see which Delaware County district court will hear your preliminary hearing.
4. Formal arraignment. Statewide, arraignment takes place no later than 10 days after the District Attorney files the information, unless a local rule provides otherwise or the court postpones it for cause (Rule 571(A)). Delaware County's flow chart puts it about 30 days after the final preliminary hearing.
5. Pretrial motions. The omnibus pretrial motion, including any motion to suppress a stop or a test, is due within 30 days after arraignment (Rule 579(A)). A suppression hearing may be held before or at trial (Rule 581(E)).
6. Pretrial conference. The county lists it about 30 days after formal arraignment. The county lists discovery, a possible plea and the choice of a jury or non-jury trial at this stage.
7. Plea or trial. Trial must generally begin within 365 days of the complaint (Rule 600(A)(2)(a)), and a guilty or no contest plea counts as the start of trial for that rule (600(A)(1)).
8. Evaluation before sentencing. Every person convicted of DUI is evaluated with the Court Reporting Network instruments before sentencing, and some need a full drug and alcohol assessment as well (75 Pa.C.S. 3814 and 3816(a)).
9. Sentencing. Sentence is ordinarily imposed within 90 days of the conviction or plea (Rule 704(A)(1)).
10. After sentencing. A post-sentence motion is due within 10 days, and a notice of appeal within 30 days of sentence if no motion is filed (Rule 720(A)).

The earlier stages, from booking to the first hearing, are told in plain steps in what happens after a DUI arrest in Delaware County. This page is about the clock.

What time limit applies at each stage?

The county figures come from the criminal justice flow chart that Delaware County publishes for people moving through its system. They describe the usual pattern, not a promise for any single case, and the rule limits can be extended for the reasons each rule allows.

How long does the ARD path take in Delaware County?

ARD runs on its own schedule because it is built around waivers. The District Attorney's programs page, updated September 28, 2026, still requires the ARD application, the waiver of arraignment and entry of appearance, and the ARD Rule 600 waiver at least 14 days before the scheduled formal arraignment, sent to the Office of the Court Administrator. The September 2026 application adds three timing points for DUI-ARD:

• An application received by the preliminary hearing date may get an expedited ARD date through what the county calls SIDETRACK court.
• Applicants accept a delayed pretrial conference about six months after formal arraignment and waive Rule 600 and speedy trial rights from arraignment through that date.
• If the case has already gone to a trial team, the application should arrive at least one week before the next court date, or two weeks when there is a civilian victim.

Before admission, the CRN evaluation must be done (75 Pa.C.S. 3807(b)(1)(ii)). Once admitted, state law requires court supervision for at least six months and not more than 12 (3807(b)(1)(iv)), and the county's published minimum for every DUI-ARD tier is 12 months of probation. When the program is finished, the defendant moves to dismiss; the District Attorney has 30 days after service to object, and if there is no objection the judge dismisses the charges (Pa.R.Crim.P. 319). Because 12 months of probation follows the months of processing, a Delaware County DUI-ARD case stays open for more than a year from arrest to dismissal. Whether you can apply at all is covered in ARD eligibility after a DUI in Delaware County.

If ARD is denied, the county says the reasons are given and the case goes to a trial team. If a participant is removed from ARD later, the 365-day trial clock starts over from the termination order (Rule 600(A)(2)(c)).

What counts against the 365-day trial clock?

Rule 600 is not a simple calendar count. Delay caused by the Commonwealth when it failed to act with due diligence is counted; other delay is excluded (600(C)(1)). Every continuance must be recorded with who asked for it and why, and the judge must say which party the delay is charged to (600(C)(3)). Continuances the defense requests, and periods the defense waives in writing, such as the ARD Rule 600 waiver, generally do not count. If the adjusted total passes 365 days before trial, the defense may move to dismiss with prejudice and the judge must hold a hearing (600(D)(1)). How that count is done in practice, including the 180-day rule for people held in jail, is explained in how long a criminal case can take under Rule 600.

What changes the answer?

• Whether you were released or held. A summons case has a hearing at least 20 days after mailing (Rule 510(A)); a held case gets one within 14 or 21 days (Rule 540(G)(1)).
• Whether you pursue ARD. ARD trades the hearing and motion deadlines for a fixed six-month pretrial conference and a year of probation. Waiving the hearing is a decision with lasting effects, set out in whether to waive your preliminary hearing in a Delaware County DUI.
• Pretrial motions. A suppression motion is due 30 days after arraignment (Rule 579(A)), and the hearing on it can add court dates. Whether a motion could change the charge is a separate question, covered in whether a DUI can be reduced or dismissed.
• A prior offense or a high test result. A full drug and alcohol assessment is required before sentencing when there was a DUI sentence in the prior ten years, the evaluation shows a need for treatment, or the BAC was 0.16% or higher (75 Pa.C.S. 3814(2)). That step happens between plea and sentence; for repeat cases, see whether treatment or house arrest can replace jail for a second DUI.
• Missing a court date. An unexcused absence at the preliminary hearing lets the case go on without you and can lead to a bench warrant if it is held for court (Rule 543(D)(3)). At arraignment you are warned that missing a later date can let that proceeding go on without you (Rule 571(C)(4)). What follows a missed date is covered in what happens with a bench warrant in Delaware County.
• The county of the stop. These are Delaware County's steps. Chester and Montgomery counties set different ARD timing, compared in DUI ARD in Delaware, Chester and Montgomery counties.

For example: two drivers arrested the same weekend

Here is a hypothetical. Two drivers with no record are arrested in Delaware County on the same Saturday night and released after blood tests. Each receives a summons with a preliminary hearing date about four weeks later.

The first driver's result is 0.11%, there was no crash, and the driver applies for ARD before the hearing date, waives the hearing and finishes the CRN evaluation and classes before formal arraignment. The pretrial conference is set about six months after arraignment, the DA accepts the application, and 12 months of probation follow. If everything is completed, the lawyer files the motion to dismiss and the DA has 30 days to object.

The second driver's result is 0.17%, and there is a real question about the reason for the stop. That driver holds the preliminary hearing, is arraigned about a month later, and files a suppression motion within 30 days. The hearing on the motion and a defense continuance push the trial date out, but the continuance is excluded time under Rule 600. If the case ends in a conviction, the CRN evaluation and the required full assessment come before sentencing, which is ordinarily within 90 days. Neither timeline is a prediction; each depends on the facts, the court's calendar and the choices made along the way.

What mistakes do people make about the DUI timeline?

• Waiting for the case to "start." The ARD deadlines run from the preliminary hearing and formal arraignment dates, which may be only weeks away.
• Assuming 365 days means automatic dismissal. Defense continuances and written waivers are excluded, so the adjusted count can be much shorter than the calendar.
• Letting the motion deadline pass. The 30 days for the omnibus motion run from arraignment (Rule 579(A)), and a written waiver under Rule 571(D) waives only your appearance, not the arraignment itself.
• Leaving the evaluation until after the plea. The CRN evaluation is required before sentencing or ARD, so starting it late can hold up the next step.
• Missing the appeal window. The 10-day post-sentence motion and the 30-day appeal periods are short and run from the sentence (Rule 720(A)).

What should I do this week?

1. Find the summons or bail papers and write down the preliminary hearing date and the district court number.
2. Count back from the hearing date: an ARD application that arrives by then may qualify for SIDETRACK court.
3. Start a calendar with every court date, and note who asked for each continuance.
4. Ask your lawyer when to schedule the CRN evaluation so it fits the plan for the case.
5. Keep every PennDOT letter; the license runs on its own timeline, explained in when PennDOT suspends your license after a DUI.
6. Work through the rest of the early deadlines with our first-week checklist after a DUI arrest in Delaware County.

Frequently asked questions

Can a DUI case be resolved faster?

Sometimes. A summons hearing can be set earlier than 20 days if the defense asks and the officer agrees (Rule 510(A)), and an ARD application that reaches the DA by the hearing date may get an expedited SIDETRACK date. The court and the DA still control their calendars, so no one can promise a date.

Where does the case go after the district court?

Once it is held for court, it moves to the Court of Common Pleas at the Courthouse in Media. Our guide to what to expect at the Delaware County Courthouse shows which office handles each later step.

What happens at formal arraignment, and why does the date matter?

You are told the charges and your rights, and the 30-day period for pretrial motions starts (Rules 571(C) and 579(A)). The ARD paperwork in Delaware County counts back 14 days from this date. The details are in formal arraignment and the motions that follow.

How soon after a guilty plea is sentencing?

Ordinarily within 90 days (Rule 704(A)(1)). The rule's comment says the date should generally be set when the plea is entered, and a longer delay needs good cause with the extension period stated on the record (704(A)(2)).

Does the preliminary hearing itself take long?

The hearing decides only whether there is a prima facie case, and the decision is announced at the end (Rule 543(A) and (B)). What happens there, and when charges can be dismissed, is covered in what happens at a preliminary hearing in Pennsylvania.

Does the license suspension wait for the criminal case?

Only partly. A refusal suspension can arrive while the case is pending, while a conviction suspension follows PennDOT's receipt of the court record. The PennDOT appeal clock is separate and runs 30 days from each notice's mailing date.

How do the evaluation and classes fit into the timeline?

The CRN evaluation must come before sentencing or ARD (75 Pa.C.S. 3816(a)), and in Delaware County DUI-ARD, finishing it and the classes before formal arraignment halves the recommended community service. Scheduling, fees and treatment are explained in the CRN evaluation, Alcohol Highway Safety School and treatment requirements.

Call Giribaldi Law at (610) 891-8303 or contact us online for a free consultation about the timeline of your DUI case.