What happens after a DUI arrest in Delaware County, step by step?

Last updated October 4, 2026.

After a DUI arrest in Delaware County, your case runs through three places: the magisterial district court where the stop happened, the Court of Common Pleas at the county courthouse in Media, and PennDOT, which handles your license on its own track. Drivers who meet Pennsylvania's release rule are let go after testing and later get a summons in the mail; others are held for a preliminary arraignment, which the county says happens within 72 hours of arrest. After that come the preliminary hearing, formal arraignment, and either ARD or a trial track. Once the case is held for court, our guide to what to expect at the Delaware County Courthouse shows which office in Media handles each step.

This page walks through each step in order, with the rule or local office that controls it. For penalties by blood alcohol tier, see our main DUI defense page.

Will I be held in custody, or released and sent a summons?

Pennsylvania's rules require police to release a person arrested without a warrant, instead of taking them before a judge, when three things are true: the most serious charge is a second-degree misdemeanor, or a first-degree misdemeanor in a DUI case under 75 Pa.C.S. 3802; the person poses no threat of immediate physical harm to anyone; and the officer has reasonable grounds to believe the person will appear (Pa.R.Crim.P. 519(B)). The rule's comment notes that release can come after the chemical testing allowed by the Vehicle Code.

When a driver is released this way, police must file the criminal complaint within 5 days, and the district court then issues a summons, not an arrest warrant. Read that summons closely: it sets the date and place of your first court appearance.

If you are held instead, Delaware County describes a central intake process with a preliminary arraignment within 72 hours of arrest, where bail is approved or denied and conditions are set. The county's Pre-Trial/Bail Service Unit interviews people just before the preliminary arraignment, or after release when the court orders an interview at its office in the Courthouse basement. If bail is set, our page on how bail works in Pennsylvania explains the types of release and the conditions that come with each one.

What are the steps, and when do they happen?

The county's own flow chart says the preliminary hearing is scheduled within 3 to 10 days but can be postponed, so treat every date on your paperwork as real until the court changes it.

Which district court will hear my preliminary hearing?

Adult criminal cases in Delaware County start with a preliminary hearing in the magisterial district court for the place where the crime allegedly happened, according to the county Public Defender. In Ridley Township, for example, the ward decides between two courts, as explained in Ridley Township cases. The county's April 2026 list shows how courts are divided by municipality and even by ward. For example, District Court 32-1-28 at 349 West Baltimore Avenue in Media covers Media and Swarthmore boroughs and Nether Providence Township, while three courts for parts of Upper Darby share the building at 1500 Garrett Road. The full table of courts, with the towns and wards each one covers, is on our page about which Delaware County district court will hear your preliminary hearing.

Missing that hearing has consequences. Under Rule 540(G), the notice you receive must warn that failing to appear without cause waives your right to be present, lets the case go on without you, and leads to an arrest warrant.

What happens at the preliminary hearing in a DUI case?

The district judge decides whether the Commonwealth has enough evidence to send the case to the Court of Common Pleas. The county describes this as deciding whether it is more likely than not that a crime was committed and that the accused committed it. Our guide to what happens at a preliminary hearing in Pennsylvania covers the hearing for every kind of charge. Two DUI-specific rules matter here:

• The judge at the preliminary hearing or preliminary arraignment may not reduce or modify DUI charges without the prosecutor's consent (75 Pa.C.S. 3812).
• A defendant who has a lawyer may waive the preliminary hearing, and after a waiver generally cannot challenge whether the Commonwealth had a prima facie case, unless the parties agreed otherwise in writing or on the record (Pa.R.Crim.P. 541).

In Delaware County, the second point is tied to ARD. The September 2026 ARD application says every DUI-ARD applicant must waive the preliminary hearing, formal arraignment and all pretrial motions, and that once the hearing is waived the case does not go back to the district court. That is why the decision should be made before the hearing date, with the whole case in view. Our page on whether to waive your preliminary hearing in a Delaware County DUI walks through that choice.

Where does ARD fit in?

Accelerated Rehabilitative Disposition is Pennsylvania's diversion program for many first DUI cases. Only the District Attorney can move a case into it, and the Delaware County application states plainly that there is no right to participate. The application also lists two local timing points worth knowing early:

• If the ARD application reaches the DA's office by the preliminary hearing date, an expedited ARD date may be available through what the county calls SIDETRACK court.
• If the CRN evaluation and the alcohol safe driving classes are finished before formal arraignment, the recommended community service is cut in half before admission.

To compare the local programs, read how DUI ARD differs in Delaware, Chester and Montgomery counties. Before you count on the program, check whether you qualify with our guide to ARD eligibility in Delaware County.

The application itself sets several conditions that surprise people. The DA will not consider it unless you are represented by a lawyer, and you must be fingerprinted, either by the arresting police department or by the DA's Criminal Investigative Division, with a copy of the criminal complaint in hand. Every ARD applicant also agrees to a delayed pretrial conference, about six months after the formal arraignment date, and waives Rule 600 speedy trial rights for that stretch. If the DA turns the application down, the reasons are given and the case goes to a trial team, where it continues on the ordinary track.

What happens to my driver's license while the case is pending?

Your license is handled by PennDOT, separately from the criminal court. There are three different ways a suspension can arise:

• Refusal: if you refused chemical testing, PennDOT suspends your license on the officer's notice, whether or not you are later convicted (75 Pa.C.S. 1547(b)). Our page on refusing a breath or blood test covers the lengths and the appeal.
• Conviction: PennDOT suspends after it receives a certified record of the conviction, except for a first general impairment offense with no prior offense (75 Pa.C.S. 3804(e)).
• ARD: the court orders a suspension as a condition of the program, based on blood alcohol (75 Pa.C.S. 3807(d)).

PennDOT says every suspension starts on the effective date printed in its notice, and that you may appeal in the Court of Common Pleas, Civil Division, of your county of residence within 30 days of the notice's mailing date. Keep every envelope. Because these letters can arrive months apart, our page on when PennDOT suspends your license after a DUI sorts out which suspension is which.

What changes the answer?

The order of the steps is the same for almost everyone, but these facts change the timing, the options and the risks.

• Whether you are held or released. A driver who stays in custody on this case gets a preliminary hearing within 14 days of the preliminary arraignment; a driver who is out gets it within 21 days, unless the court extends the time for cause (Pa.R.Crim.P. 540(G)).
• Whether you have a lawyer yet. Only a defendant represented by counsel can waive the preliminary hearing at the preliminary arraignment (Pa.R.Crim.P. 541(A) and (B)), and the Delaware County DA will not consider an ARD application from someone without a lawyer.
• Your blood alcohol tier. The tier sets the ARD license suspension: none below 0.10%, 30 days from 0.10% to under 0.16%, and 60 days at 0.16% or higher (75 Pa.C.S. 3807(d)). Delaware County also raises the community service from 16 to 24 to 32 hours as the tier rises, and treats drugs or a refusal like the highest tier.
• A prior DUI. The DA may not submit a DUI for ARD if you were found guilty of, or accepted ARD for, a DUI within ten years of the new offense, with a narrow exception for a first general impairment charge (75 Pa.C.S. 3807(a)(2)(i)).
• A crash or a child in the car. ARD is barred when someone else was killed or seriously injured in a related crash, or when a passenger under 14 was in the vehicle (75 Pa.C.S. 3807(a)(2)(ii) and (iii)). The county's own DUI-ARD track is for cases with no crash in the affidavit of probable cause, so read what happens when a DUI involves a crash with injuries if one occurred.
• Your age. Delaware County sets a separate ARD track for drivers under 21 at the time of the offense, with a 90-day suspension; our juvenile DUI page covers the rest.
• The county where you were stopped. The steps above are Delaware County's. A stop across the line in Montgomery County goes to its own district courts and then to the Montgomery County Courthouse in Norristown, with different ARD paperwork.

For example: a first DUI from a stop in Upper Darby

Here is a hypothetical. A driver with no record is stopped in Upper Darby on a Friday night, agrees to a blood test, and is released afterward. Because the charge is a first DUI and nothing suggests a danger to anyone, the release rule applies, and a few days later a summons arrives listing a preliminary hearing at one of the district courts at 1500 Garrett Road.

The driver hires a lawyer that week. Weeks later, the lab result comes back at 0.12%, which puts the case in the middle tier. Together they decide to apply for ARD before the hearing date, so an expedited SIDETRACK date may be possible. The driver is fingerprinted, waives the preliminary hearing with the lawyer present, schedules the CRN evaluation and finishes the safe driving classes before formal arraignment, which halves the recommended community service. If the DA accepts the case, the court orders a 30-day suspension as an ARD condition. If the DA had rejected it, the waiver would still stand and the case would move to a trial team in Media. This example is only an illustration; every case depends on its own facts.

What mistakes do people make after a DUI arrest?

• Waiting for a court date that is already on the summons. Read every page you were given; the first date may be only a few weeks away.
• Skipping the preliminary hearing. Without good cause, missing it waives your right to be there, lets the case go on without you, and leads to a warrant (Pa.R.Crim.P. 540(G)).
• Expecting the district judge to reduce the DUI. The judge cannot reduce or change DUI charges at the preliminary stage without the prosecutor's consent (75 Pa.C.S. 3812).
• Waiving the hearing casually. After a waiver you generally cannot challenge the prima facie case later (Pa.R.Crim.P. 541(A)(1)), and in Delaware County the case does not return to the district court.
• Treating ARD as automatic. Only the DA decides, and the paperwork is due at least 14 days before formal arraignment. Weigh whether to accept ARD or fight the charge before that deadline.
• Throwing away PennDOT envelopes. The 30-day appeal period runs from the mailing date, not the day you open the letter.

What should I do this week?

1. Find the summons, complaint or bail paperwork and note the district court number and hearing date.
2. Keep any PennDOT letter with its envelope, and the test paperwork or hospital records from the night of the arrest.
3. Write down where you were stopped, who was in the car, and whether there was any crash, because those facts decide ARD eligibility.
4. If you were told to report to the Pre-Trial/Bail Service Unit, go to the Courthouse basement with the district court papers.
5. Do not sign an ARD waiver or a preliminary hearing waiver until you understand what you give up.
6. Talk with a defense lawyer before the preliminary hearing, so the ARD timing points are still open to you.
7. Work through our first-week checklist after a DUI arrest in Delaware County for the papers, deadlines and evaluations in more detail.

Frequently asked questions

Can the police keep me in jail after a first DUI arrest?

Usually not for long. When the most serious charge is a DUI misdemeanor, the person poses no threat of immediate harm, and the officer believes the person will appear, the rules require release after testing, followed by a summons (Pa.R.Crim.P. 519(B)). Otherwise a judge sets bail at a preliminary arraignment, which the county says happens within 72 hours of arrest.

Can a DUI charge be reduced at the preliminary hearing?

Not by the judge acting alone. Pennsylvania law bars the issuing authority from reducing or modifying DUI charges at the preliminary hearing or arraignment without the consent of the prosecutor (75 Pa.C.S. 3812). Any change has to come from the District Attorney's office.

Do I have to go to the preliminary hearing if I am applying for ARD?

In Delaware County, every DUI-ARD applicant waives the preliminary hearing, and the waiver needs your lawyer's participation. If the application reaches the DA by the hearing date, an expedited ARD date may be available. Our page on whether to waive your preliminary hearing in a Delaware County DUI explains the trade.

How long does a DUI case take in Delaware County?

The county's flow chart puts formal arraignment about 30 days after the preliminary hearing and the pretrial conference about 30 days after that. ARD applicants agree to a pretrial conference about six months after arraignment, which gives time to finish the evaluation, classes and community service. Cases that go to trial generally must start within 365 days of the complaint, minus excludable delay (Pa.R.Crim.P. 600).

Will I lose my license right away?

Only if you refused testing, and even then the suspension starts on the effective date in PennDOT's notice, not at the station. For a conviction or ARD, any suspension follows the court result. The refusal rules are on our page about refusing a breath or blood test.

Where does the case go after the district court?

Once it is held for court, it moves to the Court of Common Pleas at 201 West Front Street in Media, across the street from our office. Our overview of where criminal, DUI and family cases go in Delaware County shows how the district courts, the Courthouse and the county programs fit together.

Our office at 117-119 N. Olive Street in Media is across from the Delaware County Courthouse, and we offer evening and weekend appointments. Call Giribaldi Law at (610) 891-8303 or contact us online for a free consultation about your DUI arrest.