What Is the “5-Day Rule” in Pennsylvania?
June 5, 2026
Typically, when you are arrested for a crime in Pennsylvania, your arraignment is often held before you are released from custody. However, what happens in your case depends on the individual facts and circumstances. The authorities may not be in a position where they are ready to file criminal charges immediately after you have been arrested. In that case, Pennsylvania procedures allow for criminal charges to be filed within 5 days of the arrest. This so-called 5-day rule is intended to keep cases moving through the judicial system while allowing you the ability to defend yourself.
The 5-Day Rule Exists to Protect Your Legal Rights
Rule 519(b) of the Pennsylvania Rules of Criminal Procedure describes the requirement and the exceptions. This rule applies generally to those who are arrested without a prior warrant, including in cases involving driving under the influence (DUI). The general rule is that a defendant who has been arrested should be provided with an arraignment “without unreasonable delay.” The purpose of the arraignment is for the defendant to be informed of the charges that have been filed against them.
The rule goes on to apply a 5-day deadline to the arraignment. The reason for this deadline is to provide fairness to a defendant in a criminal case. Receiving prompt notice of the charges against you is a safeguard of your legal rights. The rule accomplishes the following:
Allows legal cases to promptly enter the judicial system.
Reduces the potential for any unnecessary delays to your trial.
Helps ensure that you receive a speedy trial under the law.
What Happens if the 5-Day Deadline is Missed?
Although the 5-day rule is certainly helpful to you as a defendant, you must also be aware of what this rule is not. The 5-day rule does not provide a hard-and-fast deadline. If the prosecutor was not able to file charges against you within the 5 days, it does not mean that your case is automatically dismissed.
However, if the charges against you are not filed within 5 days, you may have a potential opening in court. There is a possibility that your DUI defense lawyer can ask questions about why these charges were not filed. A delay in filing charges could mean that the prosecution has a weaker case than originally thought, which could be challenged in court.
Further, the actual delay itself is potentially a predicate for dismissal of the charges, depending on the impact that it had on your case. If your attorney moves for a dismissal of the charges, a judge will consider the reasons for the delay and whether it was valid. Then, the judge will also consider the impact that a delay had on your case. For example, if the delay led to you losing access to key evidence that you needed to defend yourself, there could be a greater chance that the charges could be dismissed. However, routine delays that have little to no effect on your defense would not lead to a dismissal of the charges.
At the very minimum, the existence of the 5-day rule allows you some time to begin work on your DUI defense. If you have been arrested for DUI, you should not wait until the charges have been filed to contact a lawyer. Rather, you should speak to an attorney as soon as possible so that they can begin to work to obtain the best legal outcome for you.
West Chester DUI Lawyer at the Law Offices of Heather J. Mattes Will Help You Understand Your Legal Rights
If you have been arrested for impaired driving, the West Chester DUI lawyer at the Law Offices of Heather J. Mattes can provide you with legal defense. It is advised that you act immediately. You can schedule a free initial consultation by filling out an online contact form or by calling us today at 610-431-7900. Our office is in West Chester, Pennsylvania, and we serve clients in the surrounding areas.