If you were arrested for OWI or DUI in Oakland County, Michigan, the arraignment is often your first formal court proceeding.
An arraignment is not a trial, and you are not required to prove your innocence at the arraignment. The court generally advises you of the charge, addresses your plea, and determines bond and conditions of release.
For someone facing a first OWI, one of the most important parts of the arraignment may be understanding and complying with the court’s bond conditions.
Fraiberg & Pernie represents people charged with OWI, DUI, High BAC, OWVI, drugged driving, and repeat OWI offenses throughout Oakland County.
Call (248) 986-2682 for a confidential consultation.
Quick Answer: What Happens at an Oakland County OWI Arraignment?
At an OWI arraignment in Oakland County, the court will generally:
- Identify the criminal charge against you.
- Advise you of important legal rights.
- Address your plea.
- Determine or review bond.
- Establish conditions of release.
- Schedule future court proceedings.
Depending on the circumstances, bond conditions may include alcohol or drug testing and restrictions on alcohol or controlled-substance use.
The specific requirements are determined by the court. You should follow the actual bond order issued in your case.
What Is an Arraignment?
An arraignment is an early stage of a Michigan criminal case.
For a misdemeanor OWI, the arraignment generally occurs in the district court with jurisdiction over the location where the alleged offense occurred.
The arraignment is not where the prosecution presents its entire case or where the defense ordinarily litigates every potential challenge to the traffic stop, field sobriety tests, or chemical evidence.
Those issues can be investigated and addressed as the case proceeds.
Which Oakland County Court Will Handle My OWI Arraignment?
The court depends primarily on where the alleged offense occurred.
Oakland County district courts handling criminal cases include:
- 43rd District Court
- 44th District Court
- 45th District Court
- 46th District Court
- 47th District Court
- 48th District Court
- 50th District Court
- 51st District Court
- 52-1 District Court
- 52-2 District Court
- 52-3 District Court
- 52-4 District Court
For example, an OWI arising in Birmingham, Bloomfield Hills, Bloomfield Township, West Bloomfield Township, Keego Harbor, Orchard Lake Village, or Sylvan Lake will generally be handled in the 48th District Court in Bloomfield Hills.
An OWI arising in Troy or Clawson will generally be handled in the 52-4 District Court in Troy.
What Happens With Bond at an OWI Arraignment?
Bond determines the conditions under which a defendant can remain out of custody while the criminal case is pending.
The court may consider circumstances relevant under Michigan law when determining appropriate bond and release conditions.
In an OWI case, the court may impose conditions intended to address alcohol or controlled-substance use while the case is pending.
Depending on the particular court order, conditions may include:
- No alcohol consumption
- No illegal drug use
- Alcohol testing
- Drug testing
- Reporting requirements
- Travel restrictions
- Other conditions ordered by the court
The exact conditions vary.
Do not assume that someone else’s OWI bond conditions will be the same as yours.
Read the bond order carefully and ask your attorney about anything you do not understand.
Can I Be Tested for Alcohol While My OWI Case Is Pending?
Yes.
Alcohol or drug testing may be imposed as a condition of bond in an OWI case.
The particular testing method and frequency depend on the court’s order and circumstances of the case.
If testing is ordered, compliance is important.
A missed test or alleged positive result can create an additional issue involving bond even though the underlying OWI case has not yet been resolved.
What Happens if I Violate My Bond Conditions?
An alleged bond violation can result in additional court proceedings.
Depending on the circumstances, the court may consider modifying the conditions of release or taking other action permitted by law.
This is one reason defendants should understand their bond requirements from the beginning of the case.
If you believe you missed a test, received an inaccurate test result, or unintentionally violated a condition, speak with your attorney rather than ignoring the issue.
Do I Plead Guilty or Not Guilty at the Arraignment?
The appropriate plea depends on the circumstances and legal advice you receive.
An OWI arrest does not mean that you should automatically plead guilty.
Before making decisions about resolving the case, the defense may need to obtain and review evidence such as:
- Police reports
- Body-camera recordings
- Dash-camera recordings
- Field sobriety testing
- Preliminary breath-test information
- DataMaster records
- Blood-test results
- Laboratory records
- Dispatch recordings
- Witness statements
The defense can then evaluate what the prosecution must prove and whether legitimate factual, scientific, evidentiary, or constitutional issues exist.
Will the Judge Decide Whether I Am Guilty at the Arraignment?
No.
An arraignment is not a trial.
The prosecution does not obtain a conviction simply because the police arrested you or because the prosecutor authorized a charge.
The case must proceed through the criminal process unless it is otherwise resolved.
An arrest represents an accusation. A criminal conviction requires a guilty plea or a finding of guilt through the appropriate legal process.
Will My OWI Evidence Be Challenged at the Arraignment?
Usually, the arraignment is not the stage at which all evidentiary challenges are litigated.
After the arraignment, the defense can obtain discovery and investigate issues involving:
The Traffic Stop
Did the officer have a lawful basis to stop the vehicle?
Police Video
Does body-camera or dash-camera footage support the officer’s written description?
Field Sobriety Tests
Were the tests appropriately instructed and administered, and what does the video show?
Breath Testing
Were applicable procedures followed, and what do the relevant testing records show?
Blood Testing
Were there issues involving the blood draw, sample handling, chain of custody, laboratory analysis, or timing?
Constitutional Issues
Were the defendant’s constitutional rights respected during the investigation and arrest?
The significance of these issues depends on the facts of the individual case.
What Happens After the Arraignment?
For a misdemeanor OWI, the next stages can include:
- Discovery
- Pretrial conferences
- Evidence review
- Motion practice
- Negotiations
- Evidentiary hearings
- Trial
- Plea or other resolution
- Sentencing if there is a conviction
Not every OWI case follows exactly the same path.
The defense strategy should be based on the evidence rather than an assumption about how the case will end.
Can an OWI Be Reduced After Arraignment?
Potentially.
An OWI charge can sometimes be amended or reduced depending on the evidence, applicable law, prosecutorial decision-making, and circumstances of the case.
Potential issues affecting a case can include:
- Legality of the traffic stop
- Probable cause
- Police video
- Field sobriety testing
- Breath or blood evidence
- Witness credibility
- Constitutional issues
- Evidentiary problems
A reduction is not automatic, and no attorney can guarantee that result.
Can an OWI Be Dismissed After Arraignment?
Yes, when the evidence and law support dismissal.
Potential grounds can arise from constitutional, evidentiary, factual, or procedural issues.
However, the fact that someone hired an attorney does not by itself mean the charge will be dismissed.
The purpose of a thorough investigation is to determine whether legitimate grounds for dismissal or suppression exist.
What About My Driver’s License?
The criminal case and driver’s-license consequences should be considered separately.
Depending on the circumstances, an OWI case can involve:
- License suspension
- Restricted driving privileges
- Ignition interlock requirements
- Implied-consent proceedings
- Repeat-offense revocation
An alleged chemical-test refusal may involve a separate driver’s-license process and deadlines.
Do not assume that your arraignment resolves every driver’s-license issue.
Should I Hire an OWI Lawyer Before the Arraignment?
You are not required to wait until after arraignment to speak with an attorney.
Obtaining legal advice before the first court appearance can help you understand:
- The charge
- The arraignment process
- Potential bond conditions
- Testing requirements
- Driver’s-license issues
- Evidence that should be preserved
- What happens after arraignment
Earlier involvement may also allow the defense to begin identifying and preserving relevant evidence.
Why Choose Fraiberg & Pernie for an Oakland County OWI?
Fraiberg & Pernie represents individuals charged with OWI and other criminal offenses throughout Oakland County.
Matthew Fraiberg
Matthew Fraiberg has practiced Michigan law since 1997.
His professional background includes service as:
- A city prosecutor
- A judicial clerk
- An assistant legal research clerk with the Oakland County Circuit Court
- Managed Assigned Counsel for the 48th District Court
His experience provides perspective on prosecution, court procedure, case evaluation, and criminal defense.
Eric L. Pernie
Eric L. Pernie is a former Bloomfield Township police officer with more than 10 years of prior law-enforcement experience.
His training and experience include:
- Standardized field sobriety testing
- DataMaster DMT breath testing
- Traffic enforcement
- Radar and LIDAR
- Criminal investigations
- Field training
His background provides an additional perspective when examining the police investigation underlying an OWI charge.
Frequently Asked Questions About Oakland County OWI Arraignments
Is an OWI arraignment a trial?
No. The arraignment is an early court proceeding. It is not a determination of guilt.
Will I go to jail at my OWI arraignment?
That cannot be answered categorically because bond decisions depend on the circumstances of the individual case and applicable law. An attorney can evaluate the particular facts and existing bond status.
Can the court order alcohol testing before I am convicted?
Yes. Testing may be imposed as a condition of pretrial release.
Should I bring my paperwork to my attorney?
Yes. Keep the documents provided by police, jail personnel, Secretary of State, and the court.
What happens if I miss an alcohol test?
A missed test may create a bond issue. Contact your attorney promptly rather than ignoring it.
Does a BAC over 0.08 mean I should plead guilty at arraignment?
Not automatically. A chemical-test result should be evaluated with the traffic stop, arrest, testing procedures, police video, and other evidence.
What if my BAC was 0.17 or higher?
A qualifying first offense involving an alcohol content of 0.17 or greater can implicate Michigan’s enhanced High BAC provisions.
What if I refused the chemical test?
An alleged refusal can create a separate implied-consent driver’s-license matter with its own procedures and deadlines.
Talk With an Oakland County OWI Lawyer Before Your Arraignment
If you have an upcoming OWI arraignment in Oakland County, understanding what will happen and what the court expects can make the process less confusing.
Fraiberg & Pernie represents individuals charged with OWI, DUI, High BAC, OWVI, drugged driving, and repeat OWI offenses throughout Oakland County.
Our attorneys review the traffic stop, police video, field sobriety testing, breath and blood evidence, constitutional issues, bond requirements, and driver’s-license consequences.
Fraiberg & Pernie
1000 S. Old Woodward Avenue, Suite 103
Birmingham, Michigan 48009
Call (248) 986-2682 for a confidential consultation.
Written by Matthew Fraiberg, Managing Partner and Michigan Criminal Defense Attorney
Last reviewed and updated: October 2026
This article provides general information about Michigan criminal procedure and OWI cases and is not legal advice. Every case depends on its individual facts and circumstances.
