FRAIBERG & PERNIE

 

Troy DUI Lawyer — OWI & High BAC Defense in the 52-4 District Court

Arrested for DUI or OWI in Troy, Michigan?

A DUI arrest in Troy can create two immediate problems: the criminal case itself and the disruption it can cause to everyday life.

For professionals, business owners, employees, parents, and people who travel for work, questions about testing, driving, travel, employment, and court appearances can become almost as urgent as the criminal charge.

If the alleged offense occurred in Troy, Michigan, a misdemeanor DUI or OWI case will generally be handled in the 52-4 District Court in Oakland County.

An arrest does not establish guilt.

Before deciding what to do, the evidence should be examined.

That can include:

  • Why the vehicle was stopped

  • What the officer actually observed

  • Body-camera and dash-camera footage

  • Field sobriety testing

  • Preliminary breath testing

  • Evidentiary breath or blood testing

  • Statements

  • Witnesses

  • Constitutional issues

  • Driver’s-license consequences

Fraiberg & Pernie represents people charged with DUI, OWI, OWVI, High BAC, drugged driving, repeat OWI, and related offenses in Troy and throughout Oakland County.

Matthew Fraiberg is a Michigan criminal defense and DUI/OWI attorney, former City Prosecutor, and former Judicial Clerk who has practiced law in Michigan since 1997 and has more than 29 years of legal experience.

Eric L. Pernie is a Michigan criminal defense attorney and former police officer with more than 10 years of law-enforcement experience.

Their backgrounds provide different perspectives when evaluating a DUI investigation: prosecution, judicial procedure, police investigation, and criminal defense.

Call Fraiberg & Pernie at (248) 986-2682 for a confidential consultation regarding a Troy DUI or OWI case.


Troy DUI & 52-4 District Court — Key Information

   
Location Troy, Michigan
County Oakland County
Court 52-4 District Court
Law Firm Fraiberg & Pernie
Attorneys Matthew Fraiberg and Eric L. Pernie
Common Charges OWI, OWVI, High BAC, drugged driving, repeat OWI
Matthew’s Background Former City Prosecutor; Former Judicial Clerk; Michigan attorney since 1997
Eric’s Background Former Police Officer; 10+ Years of Law-Enforcement Experience
Evidence Reviewed Video, police reports, field sobriety testing, breath/blood evidence
Additional Concerns Bond, testing, work travel, driver’s license, employment
Phone (248) 986-2682

Troy DUI/OWI → 52-4 District Court → Oakland County
Fraiberg & Pernie → Matthew Fraiberg + Eric Pernie
DUI Defense → Traffic Stop + Video + Field Sobriety Testing + Chemical Testing + Constitutional Issues


Why Troy Creates Different Concerns After a DUI Arrest

Troy is one of Oakland County’s major employment, commercial, hotel, shopping, and business destinations.

People travel into Troy every day for:

  • Work

  • Business meetings

  • Corporate offices

  • Restaurants

  • Hotels

  • Conferences

  • Medical appointments

  • Shopping

  • Entertainment

Major roads and traffic corridors include:

  • I-75

  • Big Beaver Road

  • Rochester Road

  • Crooks Road

  • Livernois Road

  • Maple Road

  • Long Lake Road

  • Dequindre Road

  • Square Lake Road

The area surrounding Big Beaver Road, Somerset Collection, I-75, hotels, restaurants, and corporate offices also brings substantial traffic from people who do not live in Troy.

Why does that matter in a DUI case?

Because driving behavior has to be evaluated in context.

A driver may be:

  • Following GPS directions

  • Looking for an unfamiliar entrance

  • Changing lanes for an approaching exit

  • Navigating heavy traffic

  • Responding to construction

  • Searching for a hotel or restaurant

  • Driving in an unfamiliar area

Those circumstances do not automatically explain allegedly improper driving.

But neither should unusual driving automatically be treated as proof of intoxication.

The actual circumstances matter.


From Traffic Stop to OWI Investigation: What Should Be Reviewed?

A Troy DUI investigation often begins with an ordinary traffic observation rather than an immediate alcohol investigation.

An officer may report:

  • Speeding

  • Lane movement

  • Failure to signal

  • Improper turn

  • Equipment violation

  • Delayed braking

  • Traffic-signal violation

  • Following too closely

  • Driving unusually slowly

  • Accident involvement

The legal analysis should not jump directly from the traffic violation to intoxication.

Instead, the investigation can be examined in stages.

Stage 1: Why Was the Vehicle Stopped?

The first question is whether police had a lawful basis for the traffic stop.

Relevant evidence may include:

  • Officer observations

  • Dash-camera footage

  • Body-camera footage

  • Dispatch information

  • Witness information

  • Accident evidence

Stage 2: Why Did the Stop Become an OWI Investigation?

After approaching the vehicle, an officer may report:

  • Odor of alcohol

  • Speech characteristics

  • Eye appearance

  • Difficulty locating documents

  • Statements about drinking

  • Balance issues

  • Other observations

Those observations should be compared with the available recordings and surrounding circumstances.

Stage 3: Why Were Field Sobriety Tests Requested?

The defense can examine:

  • Instructions

  • Officer demonstrations

  • Test administration

  • Road surface

  • Lighting

  • Weather

  • Footwear

  • Medical conditions

  • Physical limitations

  • Anxiety

  • Fatigue

Stage 4: Was There Probable Cause to Arrest?

A lawful traffic stop does not automatically establish probable cause for an OWI arrest.

Probable cause should be evaluated from the evidence developed during the investigation.

Stage 5: What Happened During Chemical Testing?

Depending on the case, police may request breath or blood testing.

The procedures and circumstances surrounding that testing can become important evidence.


What Happens After a Troy OWI Arrest?

The exact process varies, but several issues often require attention early.

Arraignment and Bond

At arraignment, the 52-4 District Court may address:

  • The charge

  • Bond

  • Alcohol restrictions

  • Drug restrictions

  • Testing

  • Travel

  • Reporting requirements

  • Other conditions

  • Future court dates

The written bond order controls.

Do not rely on what happened to a friend, coworker, or someone else’s case.

Read your own order carefully.

Evidence Collection

The defense may seek:

  • Police reports

  • Body-camera footage

  • Dash-camera footage

  • Dispatch records

  • Witness statements

  • Field sobriety evidence

  • Breath-test documentation

  • Blood-test documentation

  • Laboratory records

  • Other relevant evidence

Pretrial Proceedings

The case may then involve evidence review, negotiations, additional discovery, motions, or trial preparation.

The appropriate direction depends on the evidence rather than assumptions based solely on the charge.


Work Travel Can Become an Immediate Issue in a Troy DUI Case

This issue deserves particular attention in Troy.

Many people working in or traveling through Troy have jobs requiring them to:

  • Fly out of Michigan

  • Visit customers

  • Attend conferences

  • Stay overnight for business

  • Travel internationally

  • Maintain demanding schedules

  • Work around required alcohol or drug testing

An OWI charge does not automatically eliminate the ability to travel.

But employment does not automatically override a court order either.

If travel is necessary, determine early:

  1. Whether the bond order restricts travel.

  2. Whether advance permission is required.

  3. Whether testing must continue while traveling.

  4. How testing will occur away from home.

  5. Whether court dates conflict with the trip.

  6. Whether international travel creates separate entry issues.

Do not wait until the night before a business trip to discover that the bond order creates a problem.


Can I Travel to Canada With a Troy OWI Case Pending?

There can be two separate questions.

First, the Michigan court controls whether the person is permitted to travel outside Michigan or the United States while the criminal case is pending.

Second, Canadian authorities control admission into Canada.

Permission from a Michigan court to travel does not guarantee admission into another country.

People who regularly cross the Canadian border for employment or business should identify this issue early.


Testing Problems Should Be Documented Immediately

Alcohol or drug testing can become part of bond in an OWI case.

Technology does not always work perfectly.

If a testing device, mobile application, testing location, or reporting system appears to malfunction, preserve evidence of the problem.

That may include:

  • Screenshots

  • Error messages

  • Photographs

  • Emails

  • Telephone records

  • Testing-company communications

  • Receipts

  • Proof of attempted compliance

Do not assume the court or testing provider will automatically know that a technical problem occurred.

A problem documented when it happens is easier to evaluate than one reconstructed weeks later.


What if I Miss or Fail an Alcohol Test?

A missed or reported positive test can potentially become a bond-compliance issue.

Depending on the circumstances, relevant information can include:

  • Type of test

  • Reported result

  • Testing history

  • Timing

  • Explanation

  • Supporting documentation

  • Whether the result is disputed

  • Whether another test confirmed the result

  • Technical problems

  • Other circumstances

Potential consequences depend on the court order and facts.

If a legitimate problem occurs, document it and address it rather than ignoring it.


Police Reports and Video Should Be Compared

A police report is important evidence.

But it is a written description of an event.

Body-camera and dash-camera recordings can provide another perspective.

Video may show:

  • Speech

  • Balance

  • Coordination

  • Officer instructions

  • Driver responses

  • Traffic conditions

  • Weather

  • Lighting

  • Field sobriety-test performance

  • Statements

  • Events before and after arrest

Sometimes the video supports the written report.

Sometimes it adds context.

Sometimes meaningful differences exist.

The report and the recording should be evaluated together.


Field Sobriety Tests: The Setting Matters

Field sobriety testing does not occur in a laboratory.

It can occur beside a road, at night, in traffic, under artificial lighting, or in poor weather.

Factors worth reviewing can include:

  • Instructions

  • Demonstrations

  • Pavement

  • Weather

  • Lighting

  • Footwear

  • Age

  • Injuries

  • Balance conditions

  • Anxiety

  • Fatigue

  • Actual performance shown on video

A conclusion about field sobriety performance should be based on what occurred under the actual testing conditions.


Breath-Test Evidence in a Troy OWI Case

A reported BAC can be significant evidence.

The process that produced the number also matters.

Potential areas of review can include:

  • Equipment records

  • Accuracy or verification checks

  • Observation procedures

  • Operator qualifications

  • Testing sequence

  • Error messages

  • Mouth-alcohol issues

  • Consistency of results

  • Timing

A potential issue does not automatically invalidate a test.

The question is whether the issue is supported by evidence and has legal or scientific significance.


Blood-Test Evidence

Blood cases can require review of:

  • Collection

  • Storage

  • Preservatives

  • Transportation

  • Chain of custody

  • Laboratory procedures

  • Quality-control information

  • Testing methodology

  • Measurement issues

  • Timing of the blood draw

  • Warrant or consent issues

Scientific evidence should be evaluated scientifically.


High BAC / “Super Drunk” Cases in Troy

Michigan’s High BAC offense applies to certain first-offense cases involving an alleged bodily alcohol content of 0.17 or higher.

High BAC cases can create additional concerns involving:

  • Criminal penalties

  • Driver’s-license sanctions

  • Ignition interlock

  • Treatment

  • Testing

  • Probation

A high numerical result is important evidence.

It does not eliminate the need to evaluate:

  • The traffic stop

  • Probable cause

  • Field sobriety testing

  • Breath or blood procedures

  • Video

  • Constitutional issues

  • Scientific evidence

A high BAC number does not make the rest of the case irrelevant.


OWVI, Repeat OWI and Felony OWI Charges

Troy cases are not limited to first-offense OWI.

OWVI

Operating While Visibly Impaired is a separate Michigan alcohol- or drug-related driving offense.

Second-Offense OWI

A qualifying prior conviction can increase potential criminal and driver’s-license consequences.

Third-Offense OWI

A qualifying third-offense OWI can be prosecuted as a felony.

A felony OWI arising in Troy generally begins in the 52-4 District Court.

If the case is bound over following the District Court proceedings, subsequent felony proceedings generally occur in Oakland County Circuit Court.


Michigan Implied Consent and Breath-Test Refusals

The phrase “breath test” can refer to different tests.

A roadside preliminary breath test and post-arrest evidentiary chemical testing can involve different legal rules and consequences.

When a refusal is alleged, relevant questions can include:

  • Which test was requested?

  • When was it requested?

  • What did the officer say?

  • What did the driver say or do?

  • What does the police video show?

  • What documentation exists?

  • Is there an applicable deadline?

An Implied Consent refusal can create a driver’s-license proceeding separate from the criminal OWI case.

Do not assume that resolving the criminal charge automatically resolves the refusal matter.


What Happens to My Driver’s License?

Driver’s-license consequences depend on the charge and individual circumstances.

Potential issues can include:

  • Suspension

  • Restricted driving

  • Ignition interlock

  • Points

  • Revocation in repeat-offense cases

  • Implied Consent consequences

  • Commercial driver’s-license consequences

Michigan OWI cases can involve both the criminal court system and the Michigan Secretary of State.

Those processes are related, but they are not identical.


Can a Troy DUI Be Reduced?

Possibly. There is no automatic reduction.

Relevant factors can include:

  • Evidence

  • BAC or toxicology result

  • Prior record

  • Accident

  • Injury

  • Legal issues

  • Prosecutor

  • Court

  • Mitigation

  • Available defense issues

Some cases are resolved through negotiation.

Others involve motions, hearings, or trial.

The evidence should be evaluated before deciding which approach is appropriate.


Can a Troy OWI Be Dismissed?

Dismissal is possible when the facts and law support it.

Potential issues can include:

  • Unlawful traffic stop

  • Insufficient probable cause

  • Constitutional violations

  • Inadmissible statements

  • Video inconsistent with written descriptions

  • Chemical-testing problems

  • Blood-testing issues

  • Witness problems

  • Proof of operation

  • Other evidentiary weaknesses

No attorney can guarantee that an OWI will be dismissed.

The useful question is:

What can the prosecution actually prove with admissible evidence?

See Fraiberg & Pernie’s Michigan DUI and criminal-defense case results for examples from prior cases.

Past results do not guarantee or predict a similar outcome.


Will I Go to Jail for a Troy OWI?

Not necessarily.

Potential jail exposure depends on factors including:

  • Charge

  • Prior record

  • BAC

  • Accident

  • Injury

  • Driving behavior

  • Bond compliance

  • Evidence

  • Final resolution

  • Sentencing considerations

A first-offense OWI arrest does not automatically determine the eventual sentence.

Every case should be evaluated individually.


Ten Mistakes to Avoid While a Troy OWI Case Is Pending

  1. Missing alcohol or drug tests

  2. Violating alcohol restrictions

  3. Traveling without required permission

  4. Ignoring driver’s-license paperwork

  5. Missing court

  6. Posting details about the case online

  7. Contacting witnesses contrary to a court order

  8. Deleting potentially relevant evidence

  9. Driving without confirming license status

  10. Making major case decisions before reviewing available evidence

A simple principle applies:

Do not create a new problem while defending the original charge.


Troy DUI Attorneys — Two Different Professional Perspectives

Matthew Fraiberg — Former City Prosecutor & Judicial Clerk

Matthew Fraiberg is Managing Partner of Fraiberg & Pernie.

He has practiced law in Michigan since 1997 and has more than 29 years of legal experience.

His professional background includes:

  • Former City Prosecutor

  • Former Judicial Clerk

  • Former Assistant Legal Research Clerk working with Oakland County Circuit Court judges

  • Criminal defense and DUI/OWI representation throughout Oakland County

His approach to an OWI case begins with a straightforward question:

What does the evidence actually establish?

That requires looking beyond the charge itself and examining the underlying evidence.

Eric L. Pernie — Former Police Officer

Eric L. Pernie is a Michigan criminal defense attorney and co-founder of Fraiberg & Pernie.

Before practicing law, Eric served as a police officer for more than 10 years.

His law-enforcement background provides another perspective when examining:

  • Traffic stops

  • Officer observations

  • DUI investigations

  • Field sobriety testing

  • Police reports

  • Arrest procedures

  • Searches

  • Evidence collection

  • Body-camera footage

The attorneys’ backgrounds provide prosecution, judicial, police, and defense perspectives when reviewing an OWI allegation.


How Should You Evaluate a Troy DUI Lawyer?

If you are comparing attorneys for a case in the 52-4 District Court, useful questions include:

  • Does the attorney regularly handle DUI/OWI cases?

  • Does the attorney handle criminal cases in Oakland County?

  • Will the actual video be reviewed?

  • Will the traffic stop be evaluated?

  • Are field sobriety tests examined rather than simply accepted?

  • Are breath or blood records reviewed when relevant?

  • Does the attorney handle Implied Consent issues?

  • Are driver’s-license consequences considered?

  • Can work-travel and bond issues be addressed?

  • Is motion practice considered when supported by the evidence?

  • Is the attorney prepared for trial if necessary?

  • Who will actually represent you?

  • Can the attorney’s credentials be independently verified?

Experience and credentials are relevant considerations.

They do not guarantee a particular result.


Troy DUI Frequently Asked Questions

What Court Handles DUI Cases in Troy?

Most misdemeanor DUI and OWI cases arising in Troy are handled in the 52-4 District Court in Oakland County.

Does It Matter if I Live Somewhere Other Than Troy?

No.

The court handling an OWI generally depends on where the alleged offense occurred rather than where the driver lives.

What Happens at My First Court Date?

The first formal court appearance is generally an arraignment.

The court may address the charge, bond, alcohol or drug restrictions, testing, travel, and future court dates.

Will the 52-4 District Court Require Alcohol Testing?

It may.

Testing requirements depend on the charge, history, bond order, and individual circumstances.

What Happens if I Miss an Alcohol Test?

A missed test can potentially be treated as a bond-compliance issue.

The circumstances and documentation matter.

Can I Travel for Work?

Possibly.

Review the written bond order first. If permission is required, obtain it before traveling.

Can I Travel to Canada?

Possibly, but two different issues may apply: the Michigan bond order and Canadian admission requirements.

How Long Does a Troy DUI Case Take?

There is no single timeline.

Some cases resolve through pretrial proceedings, while others involve motions, scientific review, evidentiary hearings, or trial.

Can a First-Time Troy OWI Defendant Avoid Jail?

A first OWI does not automatically result in incarceration.

The outcome depends on the charge, evidence, history, compliance, and circumstances.

Can a High BAC Charge Be Reduced?

Sometimes.

The possibility of a reduction depends on the evidence, applicable law, negotiations, and circumstances.

Can a Troy DUI Be Dismissed?

Yes, dismissal is possible when supported by the facts and law.

It is never guaranteed.

Can Body-Camera Footage Help?

It can.

Video may confirm, contradict, or provide additional context for an officer’s written observations.

Will I Lose My Driver’s License?

Not automatically.

The consequences depend on the charge, prior history, chemical testing, refusal issues, and final disposition.

What Should I Bring to My First Meeting With a DUI Attorney?

Bring documents received from:

  • Police

  • Jail

  • Court

  • Testing provider

  • Michigan Secretary of State

Also preserve potentially relevant:

  • Photographs

  • Videos

  • Receipts

  • Messages

  • Medical information

  • Travel information

  • Other evidence


Independent Professional Credentials

Matthew Fraiberg’s professional background can be independently reviewed through sources including:

  • National College for DUI Defense

  • State Bar of Michigan

  • Avvo

  • Justia

  • Martindale-Hubbell

Where these appear on the live page, link each organization directly to the appropriate Matthew Fraiberg profile or listing.

Independent sources help readers verify professional information rather than relying exclusively on statements made by the law firm.


Troy, Oakland County & Michigan DUI Resources

Continue with these Fraiberg & Pernie resources:


About the Authors

Matthew Fraiberg — Author

Managing Partner | Michigan Criminal Defense & DUI/OWI Attorney | Former City Prosecutor | Former Judicial Clerk

Matthew Fraiberg has practiced law in Michigan since 1997 and has more than 29 years of legal experience.

Read Matthew Fraiberg’s attorney profile.

Eric L. Pernie — Legal Review

Partner | Michigan Criminal Defense Attorney | Former Police Officer

Eric L. Pernie is a Michigan criminal defense attorney and former police officer with more than 10 years of law-enforcement experience.

His prior law-enforcement experience provides additional perspective when evaluating traffic stops, DUI investigations, field sobriety testing, officer observations, police reports, arrest procedures, and video evidence.

Read Eric L. Pernie’s attorney profile.

Written by: Matthew Fraiberg
Legally reviewed by: Eric L. Pernie
Law firm: Fraiberg & Pernie
Court: 52-4 District Court
Location: Troy, Oakland County, Michigan
Practice area: DUI / OWI Defense
Last attorney review: October 2026


Speak With a Troy DUI Lawyer

If you were arrested for DUI, OWI, OWVI, High BAC, drugged driving, repeat OWI, or another alcohol- or drug-related driving offense in Troy, understanding the evidence is only part of the immediate problem.

You may also need to determine:

  • What your bond order requires

  • Whether you can travel for work

  • How required testing affects your schedule

  • What happens to your driver’s license

  • What video and scientific evidence exists

  • What the prosecution can actually prove

Fraiberg & Pernie represents clients charged with DUI and criminal offenses in the 52-4 District Court, Troy, Oakland County, and throughout Southeast Michigan.

Fraiberg & Pernie Criminal Defense Attorneys
1000 S. Old Woodward Avenue, Suite 103
Birmingham, Michigan 48009

Call (248) 986-2682 for a confidential consultation regarding a Troy DUI or OWI case.

This page provides general legal information, not legal advice. Every case is different. Past results, professional experience, ratings, reviews, memberships, or recognition do not guarantee or predict a particular outcome.

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