What should I do in the first week after a DUI arrest in Delaware County?

Last updated October 4, 2026.

In the first week, gather every paper you were given, note your preliminary hearing date and court, watch for PennDOT mail, and talk to a DUI lawyer before you apply for anything. Delaware County's ARD application says no application is considered unless you are represented. It also asks applicants not to call the District Attorney's office about their case.

The checklist below is built around the deadlines in Pennsylvania's rules and the steps Delaware County publishes. For the full sequence after the arrest, see what happens after a DUI arrest in Delaware County, step by step. Penalties are on our main DUI defense page.

What should I do this week, day by day?

1. Day 1 or 2: Gather every paper from the arrest, the hospital and the district court, and put them in one folder with any PennDOT envelope.
2. Day 2: Write down the hearing date and the district court number. Our page on which Delaware County district court will hear your preliminary hearing gives each court's address and the towns it covers.
3. Day 2 or 3: If the bail order tells you to report to the Pre-Trial/Bail Service Unit, go to the Courthouse basement, Monday to Friday from 9:00 a.m. to 3:45 p.m., with the papers the district court sent you. No appointment is needed.
4. Day 3: Write down your memory of the stop, the tests and the times, and share it only with your lawyer.
5. By day 5: Meet a DUI lawyer, bring the folder, and decide whether ARD is realistic before the hearing date.
6. By day 7: If ARD is the plan, start the application so it can reach the DA by the hearing date, and ask your lawyer when to schedule the CRN evaluation.

What papers should I find and keep?

• The citation, criminal complaint or summons, and the affidavit of probable cause if you received it.
• Any bail paperwork and its conditions.
• The notice of your preliminary hearing, which gives the date, time and place (Pa.R.Crim.P. 540(G)(2)).
• Any breath test printout, blood draw form or hospital paperwork.
• The form the officer read about chemical testing, if you were asked to take a test.
• Insurance information and any claim number if there was a crash.
• Every envelope from PennDOT, unopened or not, with its mailing date.

Later in the case you will also receive a Subpoena for Arraignment from the district court. Delaware County's ARD application notes that it shows the district court docket number and the Common Pleas arraignment date, both of which go on the ARD forms.

What are the deadlines in the first weeks?

What if I get a letter from PennDOT?

PennDOT handles the license separately from the criminal case. If you refused a breath or blood test, the officer's report alone leads to a suspension of 12 months, or 18 months with a prior refusal suspension or prior DUI sentence (75 Pa.C.S. 1547(b)), even before the criminal case is decided. A notice lists the date the suspension begins, and PennDOT's manual says a sanction starts on that effective date "regardless of when a driver's license or acknowledgment form is surrendered," so sending your license in early does not start the clock early. Your license or the acknowledgment form must still be surrendered.

The 30-day appeal window runs from the mailing date on the notice, not from the day you open it. Our page on when PennDOT suspends your license after a DUI explains which letter is which. The refusal case is covered in detail in what happens after a refused test.

Should I go to the preliminary hearing?

Yes, unless your lawyer has arranged a waiver. Under Rule 543(D)(3), if you miss the hearing without cause after receiving notice, your absence is treated as a waiver of your right to be present, the hearing can go ahead without you, and if the case is held for court the district judge asks the Court of Common Pleas to issue a bench warrant. In Delaware County, DUI-ARD applicants waive the hearing as part of the program, which is a decision to make with counsel; see whether to waive your preliminary hearing.

When should I schedule the CRN evaluation and safety classes?

Delaware County's Diagnostic Services department states that a Court Reporting Network (CRN) evaluation "is required for all driving under the influence (DUI) offenders" in Pennsylvania, and the DA's ARD application lists the scheduling line, (610) 892-3226. The evaluation decides whether you will be referred for a full drug and alcohol assessment. Diagnostic Services does not collect money itself; its fees are paid to Court Financial Services on the ground floor of the Government Center, 201 W. Front Street, Media.

Alcohol Highway Safety School classes have been held in person in Delaware County since January 1, 2024, according to Diagnostic Services, at the Delaware County Emergency Services Training Center, 1600 Calcon Hook Road, Sharon Hill, and in the Government Center in Media. (The DA's ARD application still refers to online classes, so confirm the current format when you register.) Ask your lawyer before you schedule either one: early completion helps in ARD, but the timing should fit the plan for your case. Both the evaluation and the classes carry charges, which our page on what a DUI costs beyond the fine lists item by item.

What changes the answer?

• Whether you are eligible for ARD. If a prior DUI, a child passenger or a serious-injury crash rules it out, the week is about preparing a defense instead; see who is eligible for DUI ARD in Delaware County.
• Whether you refused. A refusal suspension can arrive before the criminal case is decided, so the PennDOT appeal clock may start in the first weeks.
• Whether there was a crash. A crash changes the penalty level, the ARD track and what to keep; see what happens when a DUI involves a crash with injuries.
• Whether you are in custody. The hearing comes within 14 days instead of 21 (Pa.R.Crim.P. 540(G)), so everything moves faster.
• Where you were stopped. This checklist follows Delaware County's published steps; a stop in Montgomery or Chester County follows that county's ARD path, compared in DUI ARD in Delaware, Chester and Montgomery counties.
• Where you live. Drivers from other states should also read what happens when an out-of-state driver gets a Pennsylvania DUI.

For example: the first week after a Saturday arrest

Here is a hypothetical. A driver is arrested late on a Saturday in Haverford Township, agrees to a blood test, and is released with instructions that a summons will follow. On Monday the driver puts the hospital form, the officer's paperwork and the release papers in one folder. On Wednesday the summons arrives with a preliminary hearing date about three weeks away at the district court for that part of the township.

On Thursday the driver meets a lawyer, who reviews the paperwork and confirms that nothing on the county's ineligibility list applies. They agree to apply for ARD before the hearing date, arrange fingerprinting, and plan the CRN evaluation and safety classes so both are done before formal arraignment. A week later a PennDOT letter arrives; because the driver did not refuse, it is not a refusal suspension, and the lawyer explains what it is. This example is only an illustration; every case depends on its own facts.

What mistakes do people make in the first week?

• Calling the District Attorney's office about the case. The county's ARD application asks applicants not to call; the DA's staff cannot discuss your case with you.
• Throwing away envelopes. PennDOT's 30-day appeal window runs from the mailing date.
• Follow every bail condition. Our page on how bail works in Pennsylvania explains the conditions that come with release.
• Do not drive if PennDOT has suspended your license; check the effective date on any notice.
• If you hold a commercial driver's license, say so at the first meeting. A DUI or ARD brings a separate disqualification; see what a DUI means for a commercial license.
• If you live in another state, keep your home state's mail as well as PennDOT's.
• Posting about the arrest or discussing it with anyone other than your lawyer while the details are still being sorted out.

Frequently asked questions

Do I need a lawyer before the preliminary hearing?

For ARD in Delaware County, yes: the DA will not consider an unrepresented applicant, and only a represented defendant can waive the hearing at the preliminary arraignment (Pa.R.Crim.P. 541). If you cannot afford a lawyer, the ARD application tells you to contact the Delaware County Public Defender right away.

Can I still drive this week?

Usually yes, unless PennDOT has sent a suspension notice with an effective date that has passed. A refusal suspension is the one most likely to arrive before the case ends.

Where will my case be heard after the district court?

At the Court of Common Pleas in Media, across the street from our office. Our guide to what to expect at the Delaware County Courthouse walks through arraignment, the pretrial conference and the offices you may need.

Should I complete the CRN evaluation before I talk to a lawyer?

It is required for every DUI, and finishing it before formal arraignment helps in DUI-ARD. Still, speak with a lawyer first so the timing fits whether you will apply for ARD or fight the charge.

What should I bring to the first meeting with a lawyer?

Bring the summons or complaint, the bail order, any breath printout, blood draw form or hospital paperwork, the chemical testing form the officer read, every PennDOT envelope, and insurance details if there was a crash. Add the paperwork from any earlier DUI, diversion or arrest, in any state, and tell the lawyer if you hold a commercial license or are not a U.S. citizen, since both can change the advice.

What if I miss the preliminary hearing by mistake?

Call a lawyer immediately. If the district judge finds cause for the absence, the hearing is continued to a new date; without cause, the absence is treated as a waiver and a bench warrant can follow if the case is held for court (Pa.R.Crim.P. 543(D)).

Our office at 117-119 N. Olive St. is across from the Delaware County Courthouse, and evening and weekend appointments are available. Call Giribaldi Law at (610) 891-8303 or contact us online for a free consultation this week.