FRAIBERG & PERNIE

52-4 Troy District Court DUI Overview

52-4 District Court DUI Lawyer – Troy OWI Attorney – Matthew Fraiberg – Former City Prosecutor

Troy DUI, OWI & Criminal Defense at the 52-4 District Court

Quick Answer: What Happens If You Are Arrested for DUI or OWI in Troy, Michigan?

If you are arrested for Operating While Intoxicated (OWI), DUI, High BAC (“Super Drunk”), Operating While Visibly Impaired (OWVI), a probation violation, or another misdemeanor criminal offense in Troy or Clawson, Michigan, your case will usually be heard in the 52-4 District Court in Troy, Oakland County.

For many people, this is their first arrest.

They have never been to court. They do not know what will happen to their driver’s license. They are worried about jail, probation, alcohol testing, work, family, insurance, and whether the charge will stay on their record.

The most important thing to understand is this:

An OWI arrest is an allegation—not a conviction.

The outcome of a case can depend on much more than the BAC number written in a police report. The traffic stop, body-camera footage, field sobriety tests, breath or blood testing, witness statements, police procedures, constitutional issues, prior history, and other evidence may all matter.

Matthew Fraiberg of Fraiberg & Pernie is a Michigan criminal defense attorney and former city prosecutor who regularly represents clients facing DUI, OWI, High BAC, criminal traffic, probation violation, and other criminal charges in Oakland County, including the 52-4 District Court.

Fraiberg has practiced law in Michigan since 1997 and has more than 28 years of legal experience.

Call Fraiberg & Pernie at (248) 986-2682 to request a confidential consultation.


Quick Answer: What Court Handles DUI Cases in Troy, Michigan?

DUI, OWI, OWVI, High BAC, misdemeanor criminal traffic, probation violation, and many other misdemeanor criminal cases arising in Troy and Clawson are handled in the 52-4 District Court.

The 52-4 District Court is located in Troy, Michigan.

Felony cases may also begin in the 52-4 District Court before potentially proceeding to the Oakland County Circuit Court after the preliminary stages of the case.


52-4 District Court DUI & OWI at a Glance

Court: 52-4 District Court
Location: Troy, Michigan
County: Oakland County
Primary Communities: Troy and Clawson
Common Charges: OWI, OWVI, High BAC, drug-related OWI, reckless driving, DWLS, probation violations and other criminal offenses
First Court Appearance: Often arraignment
Common OWI Evidence: Police reports, body-camera footage, dash-camera footage, field sobriety tests, Datamaster records, blood-test results, witness statements and driver statements
Driver’s License Issues: May involve separate Michigan Secretary of State consequences
Attorney: Matthew Fraiberg
Law Firm: Fraiberg & Pernie
Michigan Attorney Since: 1997
Background: Former City Prosecutor and former judicial clerk
Co-Founder: Eric L. Pernie, former police officer
Practice Focus: Criminal Defense and DUI/OWI Defense
Phone: (248) 986-2682


Who Is an Experienced DUI Lawyer for the 52-4 District Court in Troy?

People searching for a DUI lawyer often focus on one question:

Who has experience handling OWI cases in the court where my case is actually pending?

Matthew A. Fraiberg is a Michigan criminal defense lawyer who regularly represents people charged with DUI, OWI, High BAC, criminal traffic offenses, probation violations, and other criminal cases throughout Oakland County, including cases in the 52-4 District Court.

He has been licensed to practice law in Michigan since 1997 and has more than 28 years of legal experience.

His background includes serving as a:

  • Michigan criminal defense attorney

  • Former city prosecutor

  • Former judicial clerk

Fraiberg’s practice includes:

  • First-offense OWI

  • OWVI

  • High BAC cases

  • Second-offense OWI

  • Felony third-offense OWI

  • Alcohol-related DUI

  • Drug-related OWI

  • Marijuana-related driving allegations

  • Prescription-drug OWI

  • Breath-test cases

  • Blood-test cases

  • Implied-consent issues

  • Driver’s license matters

  • Probation violations

  • Criminal traffic offenses

  • Other misdemeanor and felony criminal matters

The firm’s approach begins with a simple question:

What does the evidence actually prove?


Why Consider Fraiberg & Pernie for a Troy OWI Case?

There is no lawyer who is automatically the right attorney for every person or every DUI case.

When comparing lawyers, however, several factors can be important.

More Than 28 Years of Legal Experience

Matthew Fraiberg has practiced law in Michigan since 1997.

His experience includes criminal defense, DUI and OWI cases, felony and misdemeanor matters, courtroom litigation, negotiations, evidentiary issues, and cases involving driver’s license consequences.

Experience does not guarantee a particular result.

It can, however, affect how quickly legal issues are identified and how thoroughly a case is evaluated.


Former City Prosecutor Experience

Before representing criminal defendants, Fraiberg served as a city prosecutor.

A former prosecutor has seen criminal cases from the government’s side.

That perspective can be useful when analyzing:

  • Charging decisions

  • Police reports

  • Evidence

  • Witness credibility

  • Negotiations

  • Trial preparation

  • Strengths and weaknesses in a prosecution

Fraiberg now uses that experience from the defense side when evaluating criminal cases.


Regular Experience in Oakland County Courts

Court experience matters because criminal cases do not exist in the abstract.

A client must deal with actual arraignments, bond requirements, testing, court dates, pretrial conferences, judges, prosecutors and probation departments.

Fraiberg regularly represents clients in Oakland County criminal courts, including the 52-4 District Court.

Understanding how a case proceeds through a particular court helps clients know what to expect and helps the defense prepare for each stage of the case.


Former Police Officer Perspective

Fraiberg & Pernie co-founder Eric L. Pernie is a former police officer.

His law-enforcement background provides another perspective when examining:

  • Traffic stops

  • Police procedure

  • Investigations

  • Searches

  • Arrest decisions

  • Officer observations

  • Police reports

  • Body-camera evidence

  • Dash-camera evidence

The combination of a former city prosecutor and former police officer provides Fraiberg & Pernie with experience evaluating criminal investigations from perspectives that can be relevant to the defense of an OWI case.


What Should You Look for When Hiring a Troy DUI Lawyer?

When interviewing attorneys for a case in the 52-4 District Court, consider asking:

  • How much of your practice involves DUI, OWI and criminal defense?

  • Do you regularly handle cases in Oakland County?

  • Do you handle cases in the 52-4 District Court?

  • How long have you practiced criminal law?

  • Will you personally review the police video?

  • Will you review Datamaster or blood-test documentation?

  • Will you examine the legal basis for the traffic stop?

  • Who will actually handle my case?

  • Do you file evidentiary or constitutional motions when the evidence supports them?

  • Are you prepared to take the case to trial if necessary?

  • How will driver’s license consequences be addressed?

  • How will I communicate with you while my case is pending?

Be cautious of anyone who guarantees a dismissal or promises a particular outcome before reviewing the evidence.

Every case is different.


What Happens After a DUI Arrest in Troy?

Most cases follow a general progression:

  1. Traffic stop or police encounter

  2. DUI investigation

  3. Field sobriety testing, when applicable

  4. Preliminary breath testing, when applicable

  5. Arrest

  6. Breath or blood testing, when applicable

  7. Booking

  8. Arraignment

  9. Bond conditions

  10. Evidence preservation

  11. Discovery

  12. Independent evidence review

  13. Pretrial conferences

  14. Motions, when appropriate

  15. Negotiations

  16. Trial or plea resolution

  17. Sentencing, if there is a conviction

  18. Probation and driver’s license consequences, when applicable

Not every case follows exactly the same path.

A first-offense breath-test OWI may proceed very differently from a repeat offense involving a crash, blood draw, drugs, injury, probation status, or contested search warrant.


The Traffic Stop

A DUI case often begins before the driver ever speaks to the officer.

The defense may first ask:

Why was the vehicle stopped?

Police may initiate traffic stops based on allegations involving:

  • Speeding

  • Lane violations

  • Equipment violations

  • Traffic crashes

  • Citizen reports

  • Suspicion of impaired driving

  • Other observed traffic violations

The legality of the stop can become an important issue.

Questions may include:

  • Did the officer have reasonable suspicion?

  • What exactly did the officer observe?

  • Does dash-camera video support the report?

  • Was the detention extended beyond its lawful purpose?

  • When did the DUI investigation begin?

  • Were constitutional protections followed?

A case should be evaluated from the beginning of the encounter—not merely from the moment of arrest.


The DUI Investigation

After making contact with the driver, police commonly begin collecting observations.

Reports may describe:

  • Odor of alcohol

  • Speech

  • Eyes

  • Balance

  • Coordination

  • Driving behavior

  • Physical appearance

  • Responses to questions

  • Admissions about drinking or drug use

  • Passenger statements

  • Other observations

Those observations are evidence.

They are not automatically unquestionable facts.

One important part of a modern DUI defense can be comparing what was written in the police report with what appears on the available body-camera and dash-camera recordings.


Body-Camera and Dash-Camera Evidence

Video evidence can be extremely useful in evaluating an OWI investigation.

Body-camera footage may show:

  • Initial conversations

  • Driver demeanor

  • Speech

  • Officer instructions

  • Field sobriety testing

  • Statements

  • Road conditions

  • Lighting

  • Weather

  • Arrest procedures

Dash-camera footage may show:

  • Driving before the stop

  • Lane position

  • Traffic conditions

  • Vehicle movement

  • Portions of the roadside investigation

  • Timing of events

Sometimes video supports the officer’s written report.

Sometimes it adds important context.

Sometimes it may show something differently from the written description.

That is why the video itself should be reviewed rather than assuming the police report tells the entire story.


Field Sobriety Tests

Standardized field sobriety tests commonly include:

  • Horizontal Gaze Nystagmus

  • Walk-and-Turn

  • One-Leg Stand

Police may also use additional non-standardized exercises.

Performance can be affected by circumstances unrelated to intoxication, including:

  • Age

  • Medical conditions

  • Injuries

  • Fatigue

  • Anxiety

  • Uneven pavement

  • Weather

  • Lighting

  • Footwear

  • Physical limitations

  • Neurological conditions

Important questions can include:

  • Were the instructions given correctly?

  • Were appropriate testing conditions present?

  • Was the test administered properly?

  • How does the officer’s interpretation compare with the video?

  • Were physical or medical limitations considered?

Field sobriety testing is one component of the evidence—not the entire case.


Preliminary Breath Test vs. Datamaster Breath Test

Many clients assume every breath test is the same.

It is not.

Preliminary Breath Test

A roadside Preliminary Breath Test, or PBT, may be used during an impaired-driving investigation.

Depending on the facts, questions may include:

  • Was the test administered appropriately?

  • Was the device operating properly?

  • How did the result compare with other evidence?

  • What role did the result play in the probable-cause determination?

Datamaster DMT

The Datamaster DMT is an evidential breath-testing instrument used in many Michigan OWI investigations after arrest.

Depending on the case, the defense may review:

  • Observation period

  • Instrument records

  • Calibration documentation

  • Maintenance history

  • Operator certification

  • Administrative procedures

  • Test sequence

  • Breath-sample collection

  • Quality-assurance records

A printed BAC result should be evaluated together with the documentation underlying the test.


Blood-Test OWI Cases

Some Troy OWI cases involve a blood draw rather than an evidential breath test.

Blood cases may raise different legal and scientific issues.

Potential areas of review include:

  • Consent

  • Search warrants

  • Authority for the blood draw

  • Collection procedures

  • Sample handling

  • Chain of custody

  • Preservation

  • Laboratory procedures

  • Toxicology analysis

  • Documentation

  • Scientific methodology

Blood testing may involve alcohol, marijuana, prescription medication, controlled substances, or other compounds.

A laboratory result should be considered within the context of the entire investigation.


Drug-Related OWI Cases

Not every Michigan OWI case involves alcohol.

Cases can involve allegations concerning:

  • Marijuana

  • Prescription medications

  • Controlled substances

  • Multiple substances

  • Other intoxicating substances

Evidence can include:

  • Toxicology results

  • Officer observations

  • Driving behavior

  • Witness statements

  • Body-camera footage

  • Medical records

  • Statements by the driver

Drug-related cases can present different scientific questions from alcohol-related prosecutions.

The presence of a substance and the legal question of impairment are not necessarily identical issues.

The particular substance, test, concentration, observations and applicable Michigan law all matter.


Statements Made by the Driver

What a driver says during an OWI investigation can become evidence.

Statements may concern:

  • Whether the driver had been drinking

  • How much was consumed

  • When alcohol was consumed

  • Drug or marijuana use

  • Prescription medications

  • Where the driver was coming from

  • Medical conditions

  • Explanations for driving behavior

The circumstances under which statements were obtained can also matter.

A defense attorney should evaluate both what was allegedly said and how the statement was obtained and documented.


Evidence That May Be Reviewed in a Troy OWI Case

Depending on the case, relevant evidence can include:

  • Police reports

  • Body-camera video

  • Dash-camera video

  • 911 recordings

  • Dispatch recordings

  • Witness statements

  • Field sobriety testing

  • Preliminary Breath Test records

  • Datamaster DMT records

  • Maintenance and calibration documentation

  • Blood-test results

  • Toxicology reports

  • Search warrants

  • Laboratory records

  • Booking video

  • Jail records

  • Medical records

  • Surveillance footage

  • Crash evidence

  • Photographs

  • Driver statements

  • Officer certifications

  • Other digital or physical evidence

The goal is not simply to collect documents.

It is to compare them.

If the officer’s written description, body-camera video, witness statement and chemical test all describe the same event, they should make sense together.

When they do not, the inconsistency may require further investigation.


What Happens at an Arraignment in the 52-4 District Court?

For many people, arraignment is the first formal court appearance.

The court may address:

  • The charge

  • Maximum possible penalties

  • Constitutional rights

  • Plea

  • Bond

  • Conditions of release

  • Future court dates

  • Appointment of counsel when applicable

Bond conditions can affect a defendant immediately.

They may include:

  • No alcohol

  • Drug or alcohol testing

  • Travel restrictions

  • No new criminal offenses

  • Reporting requirements

  • Compliance with other court orders

You must take bond conditions seriously even while contesting the underlying charge.

A violation can create problems separate from the original case.


Should You Plead Guilty at Arraignment?

A person who has just been arrested may be frightened and tempted to end the case as quickly as possible.

Before making a significant decision, it is important to understand:

  • The exact charge

  • The evidence

  • Potential legal issues

  • Driver’s license consequences

  • Criminal-record consequences

  • Possible defenses

  • Potential negotiated outcomes

An arrest is not the same as proof.

A decision made before reviewing the evidence may affect legal options later.


Why Early Evidence Preservation Matters

Some evidence can become harder to obtain as time passes.

Potential evidence that may need to be identified or preserved includes:

  • Body-camera recordings

  • Dash-camera video

  • 911 calls

  • Dispatch recordings

  • Surveillance video

  • Witness information

  • Booking video

  • Datamaster documentation

  • Blood-test records

  • Medical information

  • Photographs

  • Crash evidence

Early representation can allow the defense to begin identifying what evidence exists and what should be requested.


Discovery and Independent Case Review

Discovery is the process through which evidence relevant to the prosecution is obtained and reviewed.

It may include:

  • Police reports

  • Videos

  • Witness information

  • Laboratory reports

  • Chemical-test documents

  • Search warrants

  • Photographs

  • Officer certifications

  • Other records

The defense should not simply accept the prosecution’s characterization of those materials.

An independent review may ask:

Was the Stop Lawful?

Did police have a lawful basis for the initial detention?

Was There Probable Cause?

Did the facts available to the officer legally support the arrest?

Do the Videos Match the Reports?

Does objective recorded evidence support the officer’s written observations?

Were Chemical Tests Properly Conducted?

Were applicable procedures followed?

Was the Evidence Properly Preserved?

Are records, samples and documentation complete?

Are Witnesses Consistent?

Do statements agree with one another and with video evidence?

Were Constitutional Rights Respected?

Search-and-seizure, statements, warrants and due-process issues may matter depending on the case.


Can an OWI Charge Be Reduced or Dismissed?

Sometimes.

No legitimate attorney can promise that every DUI or OWI will be reduced or dismissed.

Whether a reduction, dismissal or other favorable resolution is possible depends on the facts.

Issues may include:

  • Legality of the traffic stop

  • Probable cause

  • Search-and-seizure questions

  • Constitutional violations

  • Officer credibility

  • Video evidence

  • Witness credibility

  • Field sobriety testing

  • Breath-test procedures

  • Blood-test procedures

  • Laboratory evidence

  • Evidentiary problems

  • Other weaknesses in the prosecution’s case

Sometimes evidence supports the charge.

Sometimes significant issues exist.

The purpose of an independent defense review is to determine which situation applies to the individual case.


Legal Motions in a DUI Case

Not every case requires a motion.

When supported by the facts and law, however, motions can address important questions before trial.

Possible issues may involve:

  • Legality of a traffic stop

  • Unlawful detention

  • Search and seizure

  • Statements

  • Warrants

  • Chemical-test evidence

  • Evidence admissibility

  • Constitutional violations

A motion should be based on a legitimate legal issue—not filed simply for appearance.


Plea Negotiations

Many criminal cases resolve without trial.

Negotiations can be affected by:

  • Strength of the evidence

  • Legal issues

  • Criminal history

  • Prior OWI convictions

  • Mitigating circumstances

  • Aggravating circumstances

  • Evidentiary weaknesses

  • Prosecutorial discretion

  • Litigation risk

  • Trial readiness

Preparation matters.

The more thoroughly the evidence has been evaluated, the better positioned an attorney is to understand where meaningful negotiating issues may exist.


Trial

A defendant has the right to require the prosecution to prove guilt beyond a reasonable doubt.

Trial issues may include:

  • Police testimony

  • Witness credibility

  • Body-camera recordings

  • Dash-camera video

  • Field sobriety tests

  • Breath-test evidence

  • Blood-test evidence

  • Scientific testimony

  • Search-and-seizure issues

  • Other evidentiary questions

Not every case should go to trial.

But a criminal-defense attorney should be prepared to litigate when trial is the appropriate course.


First-Offense OWI in Troy

One of the first questions many people ask is:

Am I going to jail?

Not necessarily.

Many first-offense OWI cases do not result in incarceration.

The actual outcome depends on factors such as:

  • Specific charge

  • BAC allegation

  • Driving behavior

  • Accident involvement

  • Criminal history

  • Evidence

  • Aggravating circumstances

  • Mitigation

  • Final resolution

Possible consequences can involve probation, fines, costs, alcohol education or treatment, testing, community service, driver’s license sanctions, and other court requirements.

Every case must be evaluated individually.


High BAC – “Super Drunk” Cases

Michigan’s High BAC offense generally involves an alleged alcohol concentration of 0.17 or higher.

High BAC cases can involve enhanced consequences.

But the presence of a high reported number does not eliminate the need to evaluate the evidence.

The defense may still examine:

  • Traffic stop

  • Probable cause

  • Field sobriety testing

  • Breath-test procedures

  • Blood-test procedures

  • Datamaster documentation

  • Video evidence

  • Constitutional issues

  • Scientific evidence

A BAC result is important evidence.

It is not the only issue in the case.


OWVI – Operating While Visibly Impaired

OWVI and OWI are related but distinct Michigan impaired-driving offenses.

The distinction can affect:

  • Elements of the offense

  • Criminal consequences

  • Driver’s license consequences

  • Record implications

  • Potential negotiated resolutions

The precise charge and ultimate disposition matter.


Second-Offense OWI

A repeat OWI can carry substantially greater consequences than a first offense.

Issues may include:

  • Increased incarceration exposure

  • Driver’s license revocation

  • Probation

  • Alcohol treatment

  • Vehicle sanctions

  • Increased financial obligations

Repeat cases also make the accuracy of a driver’s prior record particularly important.

A second-offense case should be evaluated carefully because both the criminal and licensing consequences can become significantly more serious.


Third-Offense OWI – Felony DUI

A third OWI is generally prosecuted as a felony under Michigan law.

A felony OWI case may involve:

  • District-court arraignment

  • Probable-cause proceedings

  • Preliminary examination

  • Possible bindover

  • Oakland County Circuit Court proceedings

  • Felony sentencing exposure

  • Significant driver’s license consequences

These cases require careful review of both the new allegations and the prior convictions being used to establish the felony charge.


Driver’s License Consequences After an OWI

One of the most confusing parts of an OWI case is that the criminal court and driver’s license systems are not always the same process.

Michigan Secretary of State consequences may involve:

  • Suspension

  • Revocation

  • Restrictions

  • Ignition interlock

  • Reinstatement requirements

  • Other administrative consequences

The effect depends on matters such as:

  • Charge

  • Final conviction

  • Prior record

  • Chemical testing

  • Chemical-test refusal

  • Applicable Michigan law

Do not assume the judge alone determines everything that happens to your license.


Implied Consent and Chemical-Test Refusal

A refusal of an evidential chemical test can create separate driver’s license issues.

The consequences depend on:

  • Type of test requested

  • Circumstances of the request

  • Whether a refusal legally occurred

  • Applicable Michigan implied-consent law

  • Whether a hearing is requested within applicable deadlines

A refusal does not necessarily mean the criminal OWI case disappears.

Criminal and administrative issues should be evaluated separately.


DUI and Employment

Clients often worry about whether an OWI will affect their job.

Potential concerns may involve:

  • Commercial driving

  • Professional licenses

  • Security clearances

  • Background checks

  • Employer policies

  • Professional certifications

The impact depends on the occupation, charge, final disposition and applicable employment or licensing requirements.


Commercial Driver’s License Holders

CDL holders can face consequences beyond those applicable to ordinary drivers.

Important questions can include:

  • Was the person driving a commercial vehicle?

  • Was the alleged offense committed in a personal vehicle?

  • What happens to the CDL?

  • Can the driver continue working?

  • Are separate federal or state rules involved?

For a professional driver, protecting the ability to work can be one of the most important concerns in the entire case.


Out-of-State Drivers Arrested in Troy

Troy’s location and business community mean some defendants live outside Michigan.

Common concerns include:

  • Do I have to return to Michigan for every hearing?

  • Will my home state receive notice?

  • Will my home-state driver’s license be affected?

  • Can an attorney appear without me for certain proceedings?

The answers depend on the proceeding, charge, court requirements, and the law of the driver’s home state.


DUI Involving an Accident

An OWI case involving a crash may contain significantly more evidence than a routine traffic stop.

Additional evidence can include:

  • Crash reports

  • Witness statements

  • Vehicle damage

  • Photographs

  • Surveillance video

  • Medical records

  • Crash reconstruction

  • Event data

  • 911 calls

Cases involving injury or death can also expose the defendant to much more serious criminal charges.

Early evidence preservation can be especially important in accident cases.


OWI While Already on Probation

A new arrest while on probation may create two separate problems:

  1. The new criminal charge

  2. A possible probation violation in the existing case

The defense should review:

  • Existing probation order

  • Conditions of probation

  • Alleged violation

  • New criminal charge

  • Testing history

  • Applicable court procedures

An arrest itself does not necessarily establish that a probation violation occurred, but the issue should be addressed promptly.


Bond Violations

A person released on bond must follow the court’s conditions.

Potential violations may involve:

  • Alcohol use

  • Positive tests

  • Missed tests

  • Travel without required approval

  • New criminal allegations

  • Failure to appear

  • Other noncompliance

An alleged bond violation can result in additional court proceedings and possible changes to release conditions.

Do not ignore a testing problem or other alleged violation.


Frequently Asked Questions About Troy DUI & the 52-4 District Court

What court handles DUI cases in Troy?

Most misdemeanor DUI, OWI, OWVI and High BAC cases arising in Troy are handled in the 52-4 District Court.

Does the 52-4 District Court also serve Clawson?

Yes. The 52-4 District Court serves Troy and Clawson.

Does an OWI arrest mean I am guilty?

No.

An arrest is an accusation. The prosecution must still prove the offense through admissible evidence.

Should I hire a lawyer before my first court date?

Early representation can allow an attorney to identify and preserve evidence, evaluate bond issues, review court paperwork, and begin preparing the defense before important decisions are made.

Will I automatically go to jail for a first OWI?

No.

Many first-offense cases do not result in incarceration, although the outcome depends on the facts, charge, history and resolution.

Can an OWI be reduced?

Sometimes.

Reductions depend on the evidence, applicable law, negotiations and circumstances of the individual case.

Can an OWI be dismissed?

Some cases are dismissed, but no lawyer can guarantee dismissal.

Dismissal may depend on evidentiary problems, constitutional violations, lack of proof, witness issues or other legal grounds.

Can body-camera footage help my case?

It can.

Video may support, contradict or add context to what is written in the police report.

Can a breath test be challenged?

Depending on the facts, breath-testing issues may involve procedures, instrument documentation, observation periods, maintenance records, operator requirements, or other evidentiary concerns.

Can a blood test be challenged?

Blood evidence may be reviewed for collection procedures, warrant issues, chain of custody, laboratory methodology, sample handling, toxicology interpretation and other scientific or legal issues.

What if my BAC was over .17?

A reported BAC of 0.17 or greater may result in a High BAC charge, but the entire investigation and chemical-testing evidence should still be reviewed.

What if my BAC was under .08?

The applicable legal analysis depends on the particular charge, observations, evidence and Michigan law.

A reported number below .08 does not automatically answer every possible impaired-driving question.

Can prescription medication result in an OWI?

Yes.

Michigan impaired-driving allegations can involve prescription medications depending on the facts and evidence.

Can marijuana result in an OWI?

Yes.

Marijuana-related OWI cases can involve toxicology, officer observations, driving behavior and other evidence.

What happens if I refused a chemical test?

A refusal can create separate implied-consent and driver’s license issues. The precise consequences depend on the facts and applicable deadlines.

Will I lose my driver’s license?

Possibly.

The answer depends on the charge, prior record, testing, refusal issues and final disposition.

Can I travel while my case is pending?

Possibly.

Travel depends on your bond conditions and any court restrictions.

Can I travel out of Michigan for work?

Often the key question is whether the travel complies with the bond order or requires court permission.

What happens if I miss an alcohol test?

A missed test can potentially be treated as noncompliance with bond or probation conditions. Address it quickly rather than assuming it will be ignored.

What if I am already on probation?

A new arrest may trigger a separate probation-violation proceeding in addition to the new charge.

Can a DUI affect my job?

It can, particularly for commercial drivers, licensed professionals and jobs involving background checks or driving.

Does a third OWI become a felony?

A third OWI is generally prosecuted as a felony under Michigan law.

What is a preliminary examination?

A preliminary examination is a felony proceeding used to determine whether sufficient evidence exists for the felony prosecution to continue into circuit court.

How long does an OWI case take?

There is no universal timeline.

Discovery, chemical testing, legal motions, negotiations, court scheduling and whether the case proceeds to trial can all affect timing.

Can my lawyer appear without me?

That depends on the proceeding, charge, court rules and judge’s requirements.

Never assume you can skip a scheduled court appearance without confirming it with your attorney.

What should I bring to my first meeting with a DUI lawyer?

Useful documents can include:

  • Ticket or citation

  • Bond paperwork

  • Court notices

  • Police paperwork

  • Chemical-test information

  • Driver’s license documents

  • Bail paperwork

  • A written timeline of what happened

  • Questions you want answered


How Fraiberg & Pernie Evaluates a Troy OWI Case

A thorough DUI defense is not simply:

BAC = case over.

The firm’s review may include five broad questions.

1. Was the Police Encounter Lawful?

The traffic stop, detention, investigation and arrest must be evaluated under applicable constitutional standards.

2. What Does the Objective Evidence Show?

Body-camera footage, dash-camera recordings, dispatch audio, video, witness statements and other evidence may be compared with the written police report.

3. Is the Chemical Evidence Reliable and Admissible?

Breath and blood evidence can involve procedures, documentation, scientific issues and constitutional requirements.

4. Can the Prosecution Prove Every Required Element?

An accusation is not enough.

The prosecution bears the burden of proving the charged offense.

5. What Is the Best Strategy for This Individual Client?

The appropriate approach might involve:

  • Investigation

  • Evidence preservation

  • Motions

  • Negotiation

  • Mitigation

  • Trial preparation

  • Trial

The strategy should follow the evidence—not the other way around.


Attorney Insight: Why the Police Report Is Only the Beginning

Matthew Fraiberg:

“One of the most common mistakes people make after an OWI arrest is assuming the police report tells the whole story. In many cases, the most important information comes from reviewing every available source of evidence—not just the officer’s written narrative.”

That means comparing the report with:

  • Body-camera footage

  • Dash-camera footage

  • Witness accounts

  • Chemical-test records

  • Dispatch information

  • Laboratory evidence

  • Other documentation

The issue is not whether one document looks good or bad.

The goal is to understand how all of the evidence fits together.


Attorney Insight: Why Early Action Matters

Matthew Fraiberg:

“The hours and days immediately following an arrest are often when important evidence is preserved, requested, or identified. Waiting too long may make some information more difficult to obtain.”

Early action can include identifying:

  • Video

  • Witnesses

  • Documents

  • Court requirements

  • Testing obligations

  • Driver’s license deadlines

  • Other evidence


Attorney Insight: Why a BAC Number Does Not Tell the Entire Story

Matthew Fraiberg:

“A DUI case should never be judged by a single number or one sentence in a police report. Every available source of evidence should be considered before reaching conclusions.”

Chemical-test results can be important.

But a DUI case may also involve:

  • Legality of the stop

  • Probable cause

  • Police procedure

  • Video

  • Witnesses

  • Field sobriety testing

  • Scientific documentation

  • Statements

  • Constitutional issues


Related Michigan DUI & Criminal Defense Resources

A strong internal-link structure should connect this page to relevant Fraiberg & Pernie resources, including:

DUI & OWI

  • First-Offense Michigan OWI

  • High BAC / Super Drunk Defense

  • OWVI

  • Second-Offense OWI

  • Third-Offense Felony OWI

  • Drugged Driving

  • Marijuana OWI

  • Prescription Drug OWI

  • CDL DUI

Evidence and Testing

  • Michigan Implied Consent

  • Breath-Test Evidence

  • Blood-Test Evidence

  • Field Sobriety Tests

  • Search and Seizure

  • Body-Camera Evidence

Driver’s License

  • Michigan Driver’s License Restoration

  • License Revocation

  • Restricted License

  • Ignition Interlock

Oakland County Criminal Defense

  • Oakland County Criminal Defense

  • Oakland County DUI / OWI

  • Probation Violations

  • Domestic Violence

  • Assault

  • Drug Crimes

  • Retail Fraud

  • Reckless Driving

  • Bench Warrants

Use contextual internal links only where Fraiberg & Pernie has a strong dedicated page.


Speak With a Troy DUI Lawyer

If you were arrested for DUI, OWI, OWVI, High BAC, drug-related OWI, or another criminal charge in Troy or Clawson, your case may affect much more than a court date.

You may be worried about:

  • Jail

  • Your driver’s license

  • Your job

  • Probation

  • Alcohol testing

  • Your criminal record

  • Insurance

  • Professional licensing

  • Your family

  • What happens at your first court appearance

Those concerns should be addressed based on the actual facts and evidence in your case.

Matthew Fraiberg is a former city prosecutor with more than 28 years of legal experience who regularly represents clients in Oakland County criminal courts, including the 52-4 District Court.

Fraiberg & Pernie evaluates OWI cases by examining the police investigation, constitutional issues, video evidence, breath or blood testing, witness evidence and other information relevant to the prosecution.

No attorney can promise a dismissal, reduction or particular sentence.

What an experienced criminal-defense lawyer can do is determine what the prosecution can actually prove and what legal options are available based on the evidence.

Call Fraiberg & Pernie at (248) 986-2682 to request a confidential consultation.

Offices in Birmingham and Oak Park, Michigan.

Serving Troy, Clawson, Oakland County and Southeast Michigan.

Call Fraiberg & Pernie today:
(248) 986-2682

Related Michigan DUI Resources

Ultimate Guide to Michigan DUI Law
Michigan DUI Penalties
Best DUI Lawyers in Michigan

Written by Matthew Fraiberg

Last Legally reveiwed: August, 2026
Michigan Criminal Defense Attorney
28+ years experience

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Fraiberg & Pernie is an Oakland County criminal defense law firm focusing on DUI and OWI defense in Birmingham, Troy, Royal Oak, Bloomfield Hills, Novi and Farmington Hills, Michigan.

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