The ball has dropped at City Hall, the Mummers have marched down Broad Street, and the New Year’s celebrations are finally winding down. But for many Philadelphians, the start of 2026 has been marked by a much more sobering event: a DUI arrest.
Whether you were stopped at a holiday sobriety checkpoint near the stadiums or pulled over after a celebration in Old City, a DUI arrest on a holiday weekend feels like a heavy weight pressing down on your entire year. The Philadelphia court system is a massive, complex machine, and if you’ve never been through it, wondering what comes next can be terrifying.
At van der Veen, Hartshorn, Levin & Lindheim, we know that one mistake or a single night of bad judgment shouldn't define the rest of your life. However, Philadelphia handles DUIs with a specific, rigid process that starts the moment you see the red and blue lights in your rearview mirror.
Here is exactly what happens in the Philadelphia courts after a DUI arrest.
1. The Immediate Processing: Preliminary Arraignment
In Philadelphia, unlike many suburban counties, the process moves incredibly fast at the beginning. If you were arrested over the New Year weekend, you were likely taken to a local precinct.
The first official court step is your preliminary arraignment. This usually happens within 24 hours of your arrest. In Philadelphia, this is often done via video. You’ll be in a holding area, and a bail commissioner will appear on a screen. They will read your formal charges and decide on your bail.
Many first-time DUI defendants with no prior record are released on their own recognizance, though bail may be higher if there was an accident, injuries, or prior offenses. Being released on recognizance means you don't have to pay cash to go home, provided you promise to appear at all future court dates.
2. The Critical Gatekeeper: The Preliminary Hearing
About 30 to 60 days after your New Year’s arrest, you will have your preliminary hearing. This is the most important date on your calendar. This hearing is held in the Municipal Court, and its purpose is for a judge to decide if the Commonwealth has enough evidence to move forward with the case.
The prosecutor only has to meet a prima facie burden of proof, which is a much lower bar than the beyond a reasonable doubt standard required for a conviction. They just have to show that a crime likely occurred and that you were likely the one who did it.
Why this is your lawyer’s biggest opportunity: At this stage, an experienced Philadelphia DUI attorney can cross-examine the arresting officer. We look at everything: Did they have a valid reason to pull you over? Did they follow the implied consent rules for your blood draw? In some cases, if the evidence against you is weak or procedurally flawed, we can get charges dismissed or downgraded at this stage before the case proceeds any further.
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3. The 2026 Shift: New Laws and the ARD Program
For many years, first-time DUI defendants in Pennsylvania have used the Accelerated Rehabilitative Disposition (ARD) program to resolve their cases without a formal conviction. Successful completion of ARD allows participants to avoid a guilty verdict and may make them eligible for expungement or limited access to the record.
However, Pennsylvania law has evolved to make clear that acceptance into ARD for a DUI can still carry long-term consequences. Under current law, prior participation in ARD may be considered when sentencing a future DUI offense, even though ARD is not a conviction. Recent legislative changes that took effect just before 2026 began clarified how ARD is treated for DUI sentencing purposes following court decisions that had created uncertainty.
As a result, while ARD can still be a valuable option for resolving a first DUI case, it may be treated as a prior offense if a person is charged with another DUI in the future. Because penalties increase significantly for repeat DUI offenses, the decision to accept ARD or contest the charges should be made carefully, with a full understanding of the potential long-term impact.
4. Understanding the Tiers of Punishment
Pennsylvania uses a three-tier system for DUI penalties.
- General Impairment (.08% to .099% BAC): This is the lowest tier. You face up to six months of probation and a $300 fine. There is typically no license suspension at this level, though additional penalties may apply in certain circumstances.
- High BAC (.10% to .159% BAC): This tier is where the consequences get significantly harsher. You face a mandatory minimum of 48 hours in jail for a first offense (or a longer mandatory minimum period of incarceration for repeat offenses), a $500 to $5,000 fine, and a 12-month license suspension. Penalties increase substantially for repeat offenses.
- Highest BAC (.16% and higher or drug-related DUI): Drivers with very high alcohol levels or who are impaired by controlled substances face the most severe penalties. A first offense includes a mandatory minimum of 72 hours in jail, fines starting at $1,000, and a 12-month license suspension, with significantly increased penalties for subsequent offenses.
- Chemical test refusal: Refusing a breath or blood test does not place a driver into a BAC tier, but it does trigger enhanced penalties under Pennsylvania law, including mandatory license suspension and increased sentencing exposure.
Similar Post: Navigating DUI Charges in Philadelphia: A Guide for Drunk Driving Accidents
5. Formal Arraignment and Discovery
If your case is held for court at the preliminary hearing, it moves to the Court of Common Pleas. You will attend a formal arraignment, which is mostly a procedural step where you are advised of the charges and procedural rights.
Following this, your legal team enters the discovery phase. This is where we get the meat of the evidence. We request the body camera footage from the PPD, the calibration, accuracy, and certification records for the breathalyzer machine, and the lab results from the blood draw. In Philadelphia, errors in blood-draw timing or machine calibration can become grounds for challenging the admissibility or reliability of the evidence. When significant legal or procedural errors are identified, a court may limit or suppress certain evidence.
6. The Ignition Interlock Requirement
In Pennsylvania, many DUI convictions, including certain first-time offenses, require the installation of an ignition interlock device. An ignition interlock is a breath-testing device wired into your vehicle’s ignition that requires a breath sample before the car will start and at random intervals while driving.
Ignition interlock requirements commonly apply to higher BAC cases, drug-related DUIs, and chemical test refusals, even for first-time offenders. The device comes at the driver’s expense, including installation, monthly fees, and monitoring costs.
Because ignition interlock requirements are closely tied to license suspensions and restoration eligibility, timing matters. Part of our role is helping clients understand when the interlock requirement begins and how to complete it as efficiently as possible so they can return to legal driving when eligible.
Why You Need Aggressive DUI Representation in 2026
The Philadelphia District Attorney’s office is under immense pressure to be tough on crime, especially following holiday weekend DUIs. They have a standardized way of prosecuting these cases, and if you go in alone or with an inexperienced lawyer, you will be treated like just another number in the system.
At van der Veen, Hartshorn, Levin & Lindheim, we don't just go through the motions. We are trial lawyers. We know the judges, and we know exactly how to challenge the PPD’s evidence. We understand the new 2026 ARD laws and can explain exactly how they will affect your life five or ten years down the road.
Start Your New Year With a Strong Defense From van der Veen, Hartshorn, Levin & Lindheim
A DUI arrest is a scary way to start 2026, but it is not the end of the road. Whether you are worried about losing your job, your driver’s license, or your freedom, the team at van der Veen, Hartshorn, Levin & Lindheim is here to stand between you and the system.
We provide aggressive, compassionate, and results-driven representation for residents across Philadelphia. We offer free consultations to ensure that you have answers when you need them most. Don’t wait for the court to send you a summons. Take control of your future today.
Call us at 215-486-0123 or fill out our online contact form to schedule your free case evaluation. We represent clients throughout Pennsylvania, including South Philadelphia, Center City, Bensalem, and West Chester.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.