What Happens After a DUI Arrest in Philadelphia?

Posted by Steven Kellis on
man getting pulled over in Philadelphia

A Philadelphia DUI case can start moving within 24 hours of your arrest, and that speed is exactly why people get caught off guard. One minute you’re dealing with the stop—next thing you know you’re getting court paperwork, bail decisions, and deadlines you didn’t even know existed.

This guide breaks the process down step-by-step—preliminary arraignment → preliminary hearing → Common Pleas → discovery → possible resolutions—so you know what’s coming and where the pressure points are.

If you were arrested for DUI in Philadelphia, call our Philadelphia DUI attorney as soon as possible. Early legal moves can protect your license, preserve defenses, and prevent small mistakes from turning into big penalties.

Step 1: The DUI Arrest and Immediate Processing

What happens right after you’re arrested

After the arrest, you’re typically taken for processing. That usually includes paperwork, identity confirmation, and property intake. Depending on the case, it may also involve chemical testing (breath and/or blood), and documentation of the officer’s observations.

Here’s why the details matter: timing and procedure become evidence. What the officer tells you, how instructions are given, when a test happens, how you respond, and what you say—those things get written down and later framed as “proof” of impairment or refusal issues. Even casual comments can show up in reports.

The biggest mistake people make in the first hour

The first hour is where people accidentally build the Commonwealth’s case for them. The most common mistakes:

  • Trying to “explain it away.” You think you’re clearing things up. You’re usually just giving them admissions. 
  • Consenting to searches or volunteering info. Less talk, less risk. 
  • Not writing down key facts ASAP. As soon as you can, document: where you were, why you were pulled over, who was with you, what you were asked, what you did, and the timeline. Names, locations, and time stamps matter. 

Step 2: Preliminary Arraignment (Usually Within 24 Hours)

What the preliminary arraignment is

This is the first official court step. Your charges are read, bail is addressed, and you’re given the next-step instructions for court. In Philadelphia, this can move fast and may be handled via video depending on how the arrest is processed.

This hearing isn’t where your case gets “proven” or “defeated.” It’s where the court puts the case on rails—charges + bail + next date.

Bail outcomes you might see

Bail outcomes often fall into two lanes:

  • Released on recognizance (ROR): you’re released without posting money, with a promise to appear. 
  • Monetary bail: you pay to be released, or you sit until you can.

Bail can jump quickly when any of these are present:

  • Accident or injuries 
  • Prior DUI history 
  • Refusal/testing issues 
  • Other factors that make the court treat the case as higher risk 

Step 3: The Preliminary Hearing (The “Gatekeeper” Hearing)

When it happens and what it decides

The preliminary hearing is often 30–60 days after arrest (timing varies). The point of this hearing is simple: the judge decides whether the Commonwealth has enough evidence to move the case forward.

This is not “trial.” The burden is lower than “beyond a reasonable doubt.” Think of it as: is there a legally sufficient case to proceed?

Why this date matters more than most people realize

This is one of the earliest moments where a strong defense can create real leverage. Your lawyer can challenge:

  • Whether the police had a valid reason for the stop 
  • Whether there was a legal basis to expand the interaction into a DUI investigation 
  • Whether arrest steps and testing procedures were handled properly 

It’s often the first real chance to expose weak procedure, shaky facts, or a stop that never should have happened—before the case gets deeper into the system.

Step 4: DUI Tiers and What You’re Actually Facing

Pennsylvania’s DUI tier structure (how penalties scale)

Pennsylvania uses a tier system that decides how hard the penalties hit. In plain terms: the higher the tier, the less flexibility you get—and the more likely you’re looking at license suspension, mandatory programs, and jail exposure.

The tiers you’ll hear about include:

  • General Impairment 
  • High BAC 
  • Highest BAC 
  • Drug-related DUIs (which are often treated aggressively in the penalty structure)

Why it matters: your tier drives the big stuff—mandatory minimums, suspension length, treatment requirements, and ignition interlock exposure.

Chemical test refusal: separate track, serious consequences

Refusal is its own problem—fast. It can trigger PennDOT consequences quickly and can also increase pressure in the court case. Even if you’re thinking “they don’t have a number,” refusal can still create serious license and sentencing exposure that people don’t see coming.

Step 5: ARD in Philadelphia: Helpful, But Not “Free”

What ARD is used for in Philly DUI cases

ARD is commonly used in some first-time DUI cases when you’re eligible. It’s not a “get out of jail free” card—but it can be a better outcome than a straight conviction in the right situation.

What ARD can help with:

  • Avoiding a traditional conviction outcome (case-specific) 
  • Creating a pathway toward expungement eligibility later (also case-specific)

The long-term point people miss

ARD can still come with real consequences like license suspension and ignition interlock, and it can also matter later if you pick up another DUI. A lot of people treat ARD like “this disappears.” The truth is: it can still follow you in ways that affect future penalties.

Step 6: Formal Arraignment and the Move to Common Pleas Court

What changes once the case is held for court

If your case is held for court, it moves into Common Pleas, and the tone changes. You get formal notice of the charges, the schedule tightens up, and deadlines start controlling your options.

This is where your case stops feeling like “a traffic thing” and starts acting like a real criminal case with real consequences.

Why “waiting it out” backfires

Waiting doesn’t make the evidence weaker. It usually makes your defense harder. The earlier you act, the more options you preserve—especially around motions, negotiations, and license strategy.

Step 7: Discovery: Where DUI Cases Are Won or Broken

What your attorney will request and review

Discovery is the evidence phase—the part that tells you what the Commonwealth actually has. In a Philly DUI, that usually includes:

  • Body cam / dash cam footage 
  • Testing paperwork and lab results (especially blood cases) 
  • Officer reports 
  • Witness statements 
  • Dispatch logs / CAD logs (what was said, when, and why)

Common problems that create leverage

This is where cracks show up, and cracks create leverage:

  • Missing or incomplete video 
  • Reports that don’t match the footage 
  • A stop that doesn’t hold up legally 
  • Testing timing/procedure issues 
  • Gaps in documentation that should exist if things were done correctly

If you’ve already been charged, talk to our Philadelphia DUI attorney before your preliminary hearing. Early review can uncover issues worth fighting—before the case gets locked into a bad track.

Step 8: License Consequences: PennDOT Moves on Its Own Timeline

Court case vs. PennDOT case (not the same thing)

A lot of people learn this the hard way: your court case and your PennDOT case are separate. PennDOT can trigger suspension/restoration rules even while the criminal case is still pending.

Why it matters: if you miss a step, a deadline, or a required form, you can lose driving privileges fast—or extend the time you’re off the road.

Ignition interlock comes up more often than people expect

Ignition interlock is common in higher-tier situations and in refusal scenarios. It’s not just “install it and drive.” It’s a system with:

  • Install logistics 
  • Ongoing monitoring 
  • Compliance rules 
  • Real costs that add up 

If driving is tied to your job or family responsibilities, interlock planning has to be part of your defense strategy—not an afterthought.

Step 9: How Philadelphia DUI Cases Usually End

The main resolution paths

Most Philly DUI cases end one of four ways:

  • ARD (if eligible) 
  • Negotiated plea 
  • Pre-trial motions (like suppression) 
  • Trial

What actually drives outcomes

Outcomes aren’t random. They’re driven by a few things that matter a lot:

  • Evidence strength (video + testing) 
  • Prior record and any prior ARD history 
  • Whether the stop and procedures were legal 
  • How early the defense team got involved (this matters more than people think)

Step 10: What You Should Do Right Now If You’ve Been Arrested

A practical checklist

If you want to protect yourself, do this immediately:

  • Don’t discuss the case with anyone except your lawyer 
  • Save every document you received (release paperwork, notices, test-related forms) 
  • Write down a timeline while it’s fresh (locations, time stamps, what was said) 
  • Identify potential witnesses and places (restaurants, events, pickup/drop-off points) 
  • Preserve proof that helps your timeline (texts, receipts, ride-share history)

Conclusion: One Night Can Trigger a Long Process — But You Still Have Options

Philadelphia DUIs move fast early (arraignment → preliminary hearing), then become evidence-driven (discovery → motions → resolution). The biggest takeaway is simple: early legal action can protect your license and create defenses before the case hardens.

Charged with DUI in Philadelphia? Contact our Philadelphia DUI attorney today. The earlier we get involved, the more we can do to reduce penalties, challenge evidence, and protect your ability to drive.