FRAIBERG & PERNIE
An OWI arrest can create immediate questions: Will I lose my license? Must I appear in court? Will I have to test for alcohol? Can I keep working? Could I go to jail? Can the charge be reduced or dismissed?
Most misdemeanor OWI cases arising in Berkley are handled by the 44th District Court in Royal Oak. The court serves both Royal Oak and Berkley and also conducts the preliminary stages of felony prosecutions.
Fraiberg & Pernie brings two perspectives to a Michigan OWI investigation:
Matthew Fraiberg has practiced law since 1997. He is a former city prosecutor, former judicial clerk and former assistant legal research clerk who worked with Oakland County Circuit Court judges.
Eric L. Pernie is a criminal-defense attorney and former police officer with more than 10 years of law-enforcement experience.
That combination helps the firm evaluate how a prosecutor may view the evidence and how officers conducted and documented the roadside investigation.
Call (248) 986-2682 to request a confidential consultation.
Most misdemeanor DUI and OWI cases arising in Berkley are handled by the 44th District Court, located at 400 E. 11 Mile Road, Royal Oak, Michigan 48067.
Berkley’s former 45A District Court merged with the 44th District Court in 2015. The consolidated court handles misdemeanor cases from arraignment through resolution. Felony OWI cases begin there but may later proceed to Oakland County Circuit Court.
| Category | Information |
|---|---|
| Community | Berkley, Michigan |
| County | Oakland County |
| Court | 44th District Court in Royal Oak |
| Common charges | OWI, OWVI, High BAC, drugged driving, repeat OWI and implied-consent refusal |
| Investigating agency | Often the Berkley Department of Public Safety |
| Attorneys | Matthew Fraiberg and Eric L. Pernie |
| Attorney background | Former city prosecutor, former judicial clerk and former police officer |
| Phone | (248) 986-2682 |
Read every bond and release document.
Follow all alcohol-testing, drug-testing and travel conditions.
Write down what happened while your memory is fresh.
Preserve receipts, messages, photographs, location data and possible video.
Identify passengers and other witnesses.
Do not post about the arrest online.
Do not give additional statements without considering legal advice.
Address any driver’s-license or implied-consent notice promptly.
Confirm your court date.
Have the reports, recordings and chemical-test evidence reviewed.
Prompt preparation may help preserve evidence and identify deadlines. It does not guarantee a reduction, dismissal or other result.
Not necessarily. License consequences depend on the offense, test result, prior record, alleged refusal and final disposition.
Michigan recognizes several impaired-driving offenses, and their license consequences are different. A case may involve restricted driving, suspension, revocation, ignition interlock, commercial-license consequences or a separate implied-consent proceeding.
The criminal case and the administrative license process should be tracked separately. An alleged refusal may involve a short deadline to request a hearing.
A first arrest does not automatically mean jail. The potential outcome depends on the charge, BAC allegation, prior record, accident or injury, compliance with bond and final resolution.
High BAC, prior convictions, driving while suspended, an injury crash, a bond violation or an additional criminal allegation can materially change the analysis.
No attorney should predict a sentence without reviewing the complete facts.
Possibly, but never automatically.
A reduction or dismissal may depend on:
Whether the traffic stop was lawful
Whether probable cause supported the arrest
What body-camera and dash-camera footage shows
Whether field-sobriety tests were administered properly
Whether breath- or blood-testing procedures were followed
Whether statements were obtained lawfully
Witness credibility and availability
Missing or inconsistent evidence
The prosecution’s ability to prove every element
The defense should review the evidence before deciding whether negotiation, a motion or trial preparation is appropriate.
An investigation may begin with alleged speeding, a lane violation, equipment issue, crash, citizen report or other driving conduct. The defense should determine whether police had a lawful basis for the stop.
The officer may ask questions, record observations, administer field-sobriety exercises, request a preliminary breath test and collect statements. The written report should be compared with available video.
If the officer believes probable cause exists, the driver may be arrested. Later testing may involve an evidential breath instrument, blood draw, hospital records or laboratory analysis.
The court advises the accused of the charge and addresses bond, conditions of release and future dates. Conditions may include alcohol restrictions, testing, travel limits or reporting.
The defense requests reports, recordings, chemical-test records, photographs, witness accounts and other evidence.
Depending on the facts, legal issues may be litigated, negotiations may occur or the case may proceed to trial. No particular result can be promised.
Police generally need a legally sufficient reason to stop a vehicle. The stated reason should be compared with recordings and other evidence.
Video may capture driving, road conditions, speech, coordination, field tests, officer instructions and statements. It may support the report, add context or reveal a meaningful inconsistency.
The review may consider instructions, demonstrations, scoring, physical limitations, footwear, road surface, weather and lighting.
Yes. The defense may review operator procedures, observation requirements, instrument records, documentation and other issues relevant to admissibility, reliability or weight.
Yes. Blood cases may involve collection, storage, transportation, chain of custody, laboratory procedures, timing and expert interpretation.
Statements about odor, speech, eyes, balance or coordination should be compared with video, audio, chemical testing, witness accounts and medical information.
Michigan OWI may involve a prohibited bodily alcohol content or proof that alcohol or another substance affected the ability to operate. The governing statute is MCL 257.625.
OWVI focuses on whether alcohol, drugs or another intoxicating substance visibly impaired the person’s ability to operate.
High BAC OWI generally applies to a qualifying first offense involving a BAC of 0.17 or higher. It carries enhanced potential penalties and license consequences.
An OWI allegation may involve controlled substances, marijuana, prescription medication or a combination of substances. A positive result does not eliminate questions about the substance, testing and statutory theory charged.
Qualifying prior convictions can increase the possible consequences. A third qualifying OWI may be prosecuted as a felony, beginning in district court before possible bindover to Oakland County Circuit Court.
An alleged implied-consent refusal may create a separate license proceeding. The relevant statute is MCL 257.625c. The hearing deadline can be short, so review the notice promptly.
The 44th District Court handles misdemeanor criminal matters and the early stages of felonies arising in Royal Oak and Berkley. Its main telephone number is (248) 246-3600.
At arraignment, the court generally addresses the charge, rights, plea, bond, release conditions and future dates.
Possible conditions may include alcohol or drug testing, no-alcohol restrictions, reporting or travel limits. Read the actual order rather than relying on what happened in another person’s case.
Failure to appear may result in a bench warrant or other bond consequences. Address a missed hearing promptly.
The district court conducts the probable cause conference and preliminary examination unless waived. A felony that is bound over proceeds to Oakland County Circuit Court. Michigan’s district-court jurisdiction is summarized in the Michigan Courts District Court Benchbook.
Possibly. The answer depends on the bond order. Work or family travel does not override a court restriction. Obtain any required approval before leaving.
Only if the bond order permits it. If the court prohibits alcohol, social events and vacations do not create exceptions.
A missed test may be treated as noncompliance. If a genuine problem prevents testing, document what occurred and address it promptly.
An OWI may affect employment when the person drives for work, holds a CDL, maintains a security clearance or works in a regulated profession.
Doctors, nurses, attorneys, teachers, pharmacists, accountants, engineers and other licensed professionals may have reporting obligations that exist separately from the criminal case. The correct analysis depends on the profession, licensing authority, charge and final disposition.
Giving unnecessary additional statements.
Ignoring the written bond order.
Missing alcohol or drug testing.
Posting about the case online.
Losing track of court dates.
Waiting too long to identify video or witnesses.
Assuming that an arrest or chemical result has already decided the case.
Most misdemeanor cases are handled by the 44th District Court in Royal Oak.
Investigations within the city commonly involve the Berkley Department of Public Safety, although another agency may be involved depending on the circumstances.
That depends on your current license status, test issues and case circumstances. Review all temporary permits and license notices carefully.
It can be reviewed and, when supported by the facts and law, potentially challenged. The significance of any issue depends on how it affects admissibility, reliability or evidentiary weight.
Possibly. Testing depends on the conditions imposed in the individual case.
Sometimes. A possible reduction depends on the evidence, legal issues, negotiations and circumstances. It cannot be guaranteed.
Potentially, when the facts or law justify dismissal. No ethical lawyer should promise that result before reviewing the evidence.
That depends on the final disposition. Michigan’s set-aside statute is MCL 780.621, but OWI convictions have special treatment under Michigan law and require case-specific advice.
There is no universal timeline. Discovery, motions, negotiations, court scheduling and trial preparation can affect the duration.
Consider whether the attorney:
Regularly handles Michigan OWI cases
Understands the 44th District Court and Oakland County practice
Reviews body-camera and dash-camera footage
Understands field-sobriety, breath- and blood-test evidence
Evaluates driver’s-license consequences
Has motion and trial experience
Communicates directly and clearly
Provides verifiable credentials and case results
No lawyer can guarantee an outcome. The goal is to select counsel who can evaluate the evidence, explain realistic options and prepare an appropriate strategy.
Matthew Fraiberg’s former-prosecutor and judicial background helps the firm analyze how a case may be charged, negotiated and evaluated in court. Eric Pernie’s former-police experience helps the firm examine traffic stops, OWI procedures, reports, video and evidence collection.
Together, they provide an evidence-focused defense for OWI, OWVI, High BAC, drugged-driving and repeat-offense cases in Berkley and throughout Oakland County.
An arrest is the beginning of the case—not the final result. The traffic stop, police observations, testing procedures, recordings and chemical evidence should be examined carefully.
Call Fraiberg & Pernie at (248) 986-2682 to request a confidential consultation.
Protect your license. Protect your record. Protect your future.
Matthew Fraiberg is a Michigan criminal-defense and OWI lawyer who has practiced law since 1997. He is a former city prosecutor, former judicial clerk and former assistant legal research clerk who worked with Oakland County Circuit Court judges.
Eric L. Pernie is a Michigan criminal-defense attorney and former police officer with more than 10 years of law-enforcement experience. His background provides firsthand knowledge of traffic stops, arrests, reports, field-sobriety testing, body-camera evidence and investigative procedures.
Written and legally reviewed by: Matthew Fraiberg and Eric L. Pernie
Last reviewed and updated: September 2026
This page provides general legal information and does not constitute legal advice. Viewing this page or contacting the firm does not create an attorney-client relationship. Prior results, professional experience, ratings and reviews do not guarantee a particular outcome.