FRAIBERG & PERNIE
A DUI arrest in Berkley can be especially unsettling when you have never been arrested or appeared in criminal court before.
For many people, the questions begin immediately:
Will I lose my driver’s license?
Do I have to appear in court?
Will I have to test for alcohol?
Can I continue working?
Will I go to jail?
What happens to my car?
Can the charge be reduced?
What evidence will the prosecutor have?
Will this stay on my record?
Do I need a lawyer before my first court date?
If you were arrested in Berkley, Michigan for OWI, OWVI, High BAC, drugged driving, or another alcohol-related driving offense, your misdemeanor case will generally be handled through the 44th District Court in Royal Oak.
Fraiberg & Pernie represents individuals charged with drunk driving and criminal offenses throughout Berkley, Royal Oak, Oakland County and Southeast Michigan.
Matthew Fraiberg is a Michigan criminal defense attorney with more than 28 years of legal experience. His background includes service as a former City Prosecutor and former Oakland County Judicial Clerk.
Eric L. Pernie is a Michigan criminal defense attorney and former police officer with more than a decade of law-enforcement experience.
That combination provides two different perspectives when evaluating an OWI case: how a prosecutor may assess the evidence and how police conduct and document a drunk-driving investigation.
Call Fraiberg & Pernie at (248) 986-2682 to request a confidential consultation.
Quick Answer: Most misdemeanor DUI and OWI cases arising in Berkley are handled by the 44th District Court, located in Royal Oak.
Berkley and Royal Oak share the 44th District Court.
The court handles misdemeanor criminal cases from arraignment through resolution and also conducts the initial stages of felony proceedings.
Quick Answer: Not necessarily. The driver’s-license consequences depend on the charge, chemical-test results, prior driving history, whether there was a refusal, and how the case is ultimately resolved.
Michigan recognizes several different drunk-driving offenses, and the license consequences are not identical for each.
Potential issues can include:
Suspension
Restricted driving
Ignition interlock requirements
Driver responsibility consequences where applicable
CDL consequences
Separate implied-consent proceedings after certain chemical-test refusals
The criminal court case and driver’s-license consequences do not always follow the same process.
Related resource: Michigan DUI Driver’s License Guide
A first arrest does not automatically mean you will go to jail.
Potential consequences depend on the charge, BAC allegation, criminal and driving history, circumstances of the arrest, compliance with bond, and final resolution.
Cases involving aggravating circumstances can present additional concerns, including:
Very high BAC allegations
Accidents
Injuries
Prior drunk-driving convictions
Driving while suspended or revoked
Bond violations
Other criminal allegations
The facts of the individual case matter.
Sometimes.
Whether a reduction is possible depends on the evidence, applicable Michigan law, prosecutorial evaluation, legal issues and circumstances of the individual case.
The defense should begin by determining what the prosecution can actually prove rather than assuming the original charge will necessarily be the final result.
Potentially, but dismissal is never automatic.
Issues that may affect a case can include:
Legality of the traffic stop
Probable cause
Field sobriety testing
Breath-test procedures
Blood-test evidence
Constitutional issues
Video evidence
Witness credibility
Missing or inconsistent evidence
Every Berkley OWI case should be evaluated on its own facts.
A drunk-driving case is a process rather than a single court appearance.
Although procedures vary, a typical case may involve several stages.
Many OWI investigations begin with a traffic stop.
An officer may claim to have observed:
Speeding
Lane violations
Erratic driving
Equipment violations
Failure to obey a traffic signal
An accident
Other driving behavior
One of the first defense questions is whether the police had a lawful basis for the stop or contact.
After making contact, an officer may look for evidence of intoxication or impairment.
The investigation may involve:
Questions about alcohol or drug use
Observations of speech or coordination
Field sobriety exercises
Preliminary breath testing
Statements made by the driver
Body-camera or dash-camera recordings
What actually occurred should be compared with what was later written in the police report.
If the officer believes probable cause exists, the driver may be arrested for OWI or another offense.
The investigation may then continue through chemical testing.
Depending on the circumstances, the case may involve:
Breath testing
Blood testing
Chemical-test refusal allegations
Hospital records
Laboratory analysis
The existence of a test result does not end the legal analysis.
Testing procedures, documentation and surrounding circumstances can still matter.
After processing, many defendants are released with instructions concerning court and bond.
Read every document you receive.
At arraignment, the court generally advises the defendant of the charge, addresses bond and establishes conditions of release.
The defense reviews discovery, investigates the evidence, identifies legal issues and discusses potential resolutions with the prosecution.
Depending on the case, legal issues may be litigated, negotiations may occur, or the case may proceed toward trial.
The period immediately after an arrest can matter.
Rather than trying to predict the outcome, concentrate on preserving information and complying with court requirements.
While your memory is fresh, write down what you remember about:
Where you were driving
Why police stopped you
What the officer said
What you said
Field sobriety exercises
Breath or blood testing
Witnesses
Passengers
Medical issues
Medications
Food and alcohol consumption
Locations that may have surveillance cameras
Do not post your account on social media.
Potentially useful information can disappear.
Depending on the circumstances, consider whether there may be:
Business surveillance
Residential security video
Receipts
Text messages
Photographs
GPS or location information
Witnesses
Medical documentation
Identifying evidence does not mean it will necessarily help the defense, but it allows the attorney to evaluate it.
Do not assume you know what you are allowed to do.
Determine whether your bond includes:
Alcohol restrictions
Drug restrictions
Testing
Travel limitations
Reporting requirements
No-contact provisions
Other conditions
A bond violation can create a new problem while the original OWI case is still pending.
OWI arrests arising within the City of Berkley may involve the Berkley Department of Public Safety.
Depending on the investigation, evidence may include:
Police reports
Body-camera recordings
Dash-camera video
Field sobriety testing
Preliminary breath-test information
Evidential breath-test records
Blood-test results
Witness statements
Accident reports
Photographs
The defense should compare the different sources of evidence rather than relying exclusively on the written police report.
An OWI defense should begin with the evidence.
Police generally need a legally sufficient reason for stopping a vehicle.
The reason stated in the police report should be compared with available video and other evidence.
Body-camera and dash-camera recordings can sometimes provide information that is difficult to capture in a written report.
Video may show:
Driving behavior
Road conditions
Communication with the officer
Balance and coordination
Field sobriety exercises
Statements
Timing of events
Field sobriety evidence should be evaluated in context.
Factors such as instructions, physical conditions, footwear, road surface, weather, medical issues and administration of the exercises may be relevant.
A breath-test result should be evaluated together with the testing procedures, records and surrounding circumstances.
Blood cases can raise different questions involving:
Collection
Storage
Chain of custody
Laboratory procedures
Analysis
Interpretation of results
An officer’s report may describe signs of impairment.
Those descriptions can be compared with:
Video
Audio
Chemical testing
Witness accounts
Medical information
Other evidence
The question is not simply what the police report says.
The question is what the total evidence establishes.
Michigan OWI allegations may involve an unlawful bodily alcohol content or evidence that alcohol or another substance affected the ability to operate a motor vehicle.
Related resource: Michigan OWI Guide
OWVI focuses on whether a person’s ability to operate was visibly impaired.
Related resource: Michigan OWVI Guide
Michigan’s High BAC provisions apply when the alleged alcohol level reaches the statutory threshold.
High BAC cases can involve additional driver’s-license and ignition-interlock consequences.
Related resource: Michigan High BAC Guide
OWI allegations are not limited to alcohol.
Cases can involve controlled substances, marijuana, prescription medications or combinations of substances.
A prior qualifying conviction can substantially change the potential consequences of a new drunk-driving case.
A third qualifying OWI offense can be prosecuted as a felony in Michigan.
Felony cases begin in District Court but may ultimately proceed to the Oakland County Circuit Court.
Certain chemical-test refusals can trigger a separate driver’s-license process.
Deadlines can matter.
Related resource: Michigan Implied Consent Guide
The 44th District Court serves Royal Oak and Berkley.
The court is located at:
44th District Court
400 E. 11 Mile Road
Royal Oak, Michigan 48067
The court handles criminal, traffic and other matters within its jurisdiction.
For misdemeanor criminal cases, District Court generally retains the case from arraignment through resolution.
For felony allegations, District Court handles the initial proceedings before a case may be bound over to the Oakland County Circuit Court.
For many defendants, arraignment is the first formal court appearance.
The court may:
Advise you of the charge
Explain certain rights
Address bond
Establish conditions of release
Schedule future proceedings
Possible bond conditions depend on the circumstances of the case.
They may include:
Alcohol testing
Drug testing
No alcohol
Travel restrictions
Reporting requirements
Other conditions determined by the court
Read the actual bond order. Do not rely on what happened to someone else’s case.
Missing a required court appearance can create serious problems.
Depending on the circumstances, the court may issue a bench warrant or take other action concerning bond.
If you believe you missed a hearing, address the situation promptly rather than assuming another notice will automatically arrive.
Possibly.
The answer depends on your bond conditions.
Some defendants may travel without special permission. Others may have restrictions requiring advance court approval.
Work travel does not automatically override a court order.
Before booking a trip, confirm exactly what your bond permits.
That depends on your bond order.
Many OWI cases involve restrictions concerning alcohol use and testing.
If the court has ordered you not to consume alcohol, weddings, sporting events, vacations, business dinners and other social occasions do not automatically create exceptions.
Follow the written order unless the court changes it.
A missed test can potentially be treated as noncompliance with bond.
If something legitimately prevents you from testing, document what occurred and address it promptly.
Do not simply ignore a missed test.
Potentially.
Employment consequences depend on the nature of your work and your employer’s policies.
Additional concerns may exist if you:
Drive for work
Hold a CDL
Have a professional license
Maintain a security clearance
Work in healthcare
Work in education
Work in financial services
Are subject to mandatory reporting requirements
These collateral consequences should be considered when evaluating potential resolutions.
Potentially.
Licensed professionals may have separate obligations involving criminal charges or convictions.
Depending on the profession, that can include:
Physicians
Nurses
Attorneys
Teachers
Pharmacists
Accountants
Engineers
Real estate professionals
Financial professionals
The requirements vary by licensing authority.
Do not assume that what happens in criminal court is the only issue that matters.
Statements can become evidence.
Know exactly what the court requires.
Treat testing requirements seriously.
Social-media posts, photographs and messages can create unnecessary problems.
Record every hearing immediately.
Video and other information may not remain available indefinitely.
An arrest and chemical-test result are evidence—not the final legal outcome.
Most misdemeanor OWI and DUI cases arising in Berkley are handled in the 44th District Court in Royal Oak.
Yes. Berkley is located in Oakland County, Michigan.
OWI investigations within Berkley may involve the Berkley Department of Public Safety and, depending on the circumstances, other law-enforcement agencies.
That depends on your license status and the circumstances of the case. An arrest does not necessarily mean your license immediately disappears, but particular charges and chemical-test issues can create restrictions or suspensions.
Potentially. Breath-test evidence can be reviewed for testing procedures, documentation and other issues relevant to reliability or admissibility.
Blood evidence can raise issues involving collection, chain of custody, laboratory procedures and interpretation.
Possibly. Testing requirements depend on the bond conditions imposed in your particular case.
Possibly. Review your bond order before traveling.
Not automatically in every case. Employment and reporting consequences depend on your profession, employer and circumstances.
Sometimes. Whether a reduction is possible depends on the evidence, negotiations and circumstances of the individual case.
Sometimes, but no attorney should guarantee dismissal without evaluating the evidence and legal issues.
The answer depends on the final disposition of the case.
There is no universal timeline. The length of a case depends on discovery, evidence, motions, negotiations, court scheduling and whether trial is necessary.
Speaking with an attorney early can help you understand the charge, bond, evidence, driver’s-license issues and what to expect at the first court proceedings.
If you are looking for a DUI attorney after an arrest in Berkley, consider more than advertising claims.
Relevant factors may include:
Experience handling Michigan OWI cases
Familiarity with the 44th District Court
Oakland County criminal-defense experience
Knowledge of breath and blood evidence
Experience reviewing police video
Understanding of driver’s-license consequences
Trial and motion experience
Communication
Professional background
Client reviews and independent credentials
No attorney can guarantee the outcome of a criminal case.
The objective should be to find a lawyer capable of evaluating the evidence, explaining the realistic options and developing a strategy appropriate for your particular situation.
Fraiberg & Pernie represents individuals facing OWI, DUI and criminal charges throughout Oakland County.
The firm’s two attorneys bring different backgrounds to criminal defense.
Matthew Fraiberg has practiced law in Michigan for more than 28 years.
His background includes:
Former City Prosecutor
Former Oakland County Judicial Clerk
More than 28 years of legal experience
Extensive Michigan OWI and criminal-defense experience
Experience appearing in Oakland County courts
His prosecutorial background provides insight into how criminal cases may be charged, evaluated and negotiated.
Read Matthew A. Fraiberg’s attorney profile.
Eric L. Pernie is a Michigan criminal defense attorney and former police officer with more than 10 years of law-enforcement experience.
His police background can provide additional perspective when reviewing:
Traffic stops
OWI investigations
Police procedures
Officer observations
Field sobriety testing
Reports
Body-camera video
Evidence collection
Read Eric L. Pernie’s attorney profile.
An OWI arrest in Berkley is the beginning of a criminal case—not the final result.
The evidence should be reviewed carefully, including the reason for the traffic stop, police observations, field sobriety exercises, video evidence, chemical testing and the procedures used during the investigation.
Fraiberg & Pernie represents clients facing OWI, OWVI, High BAC, drugged-driving and repeat-offense DUI charges in Berkley and throughout Oakland County.
Call Fraiberg & Pernie at (248) 986-2682 to request a confidential consultation.
Written by: Matthew Fraiberg
Legally reviewed by: Eric L. Pernie
Law firm: Fraiberg & Pernie
Jurisdiction: Michigan
Court: 44th District Court
Practice area: OWI / DUI Defense
Last legally reviewed: August 2026
Every case is different. Prior results, professional experience, ratings and reviews do not guarantee a particular outcome.
Call 248-986-2682 now.
Protect your record.
Protect your future.
Related Michigan DUI Resources
Ultimate Guide to Michigan DUI Law
Michigan DUI Penalties
Best DUI Lawyers in Michigan
Michigan Criminal Defense Attorney
28+ years experience