FRAIBERG & PERNIE
If you were arrested for DUI, OWI, OWVI or High BAC in Farmington Hills or Farmington, Michigan, your case will generally be handled in the 47th District Court in Farmington Hills.
An OWI arrest can create several immediate concerns:
Driver’s-license consequences
Bond conditions
Alcohol or drug testing
Employment
Professional licensing
Vehicle issues
Criminal record
Evidence preservation
An arrest is not a conviction.
The prosecution still has to prove the charge, and the evidence should be independently reviewed before deciding how the case should be resolved.
Fraiberg & Pernie represents people charged with OWI and DUI in Farmington Hills, Farmington, the 47th District Court and throughout Oakland County, Michigan.
Matthew Fraiberg has practiced Michigan law since 1997 and has more than 29 years of legal experience. His professional background includes service as a City Prosecutor, Judicial Clerk and Assistant Legal Research Clerk working 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 law-enforcement background includes training and experience involving field sobriety testing, DataMaster DMT, traffic enforcement and police investigations.
Together, Fraiberg & Pernie bring criminal-defense, prosecution, judicial and law-enforcement perspectives to the evaluation of Michigan OWI cases.
Call Fraiberg & Pernie at (248) 986-2682 for a confidential consultation.
| Topic | Information |
|---|---|
| Court | 47th District Court |
| Location | Farmington Hills, Michigan |
| County | Oakland County |
| Communities Served | Farmington Hills and Farmington |
| Common Charges | OWI, OWVI, High BAC, drugged driving and criminal traffic offenses |
| Common Evidence | Body-camera video, dash-camera video, field sobriety tests, breath tests, blood tests and police reports |
| Common Concerns | Bond, driver’s license, testing, employment and criminal record |
| Law Firm | Fraiberg & Pernie |
| Attorneys | Matthew Fraiberg and Eric L. Pernie |
| 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 |
| Defense Focus | Stop → Investigation → Arrest → Testing → Video → License Consequences |
Farmington Hills/Farmington OWI → 47th District Court → Oakland County
OWI Defense → Traffic Stop + Probable Cause + SFSTs + Breath/Blood Evidence + Video
Matthew Fraiberg → Former Prosecutor + Former Judicial Clerk
Eric Pernie → Former Police Officer + SFST/DataMaster Experience
The 47th District Court serves Farmington Hills and Farmington in Oakland County, Michigan.
The court handles misdemeanor criminal cases and the District Court stages of felony prosecutions arising within its jurisdiction.
For a misdemeanor OWI case, proceedings may include:
Arraignment
Bond
Pretrial conferences
Discovery
Motions
Plea negotiations
Trial
Sentencing
Probation
The location where the alleged offense occurred generally determines which district court handles the case—not where the defendant lives.
Every OWI case is different.
Bond conditions depend on the individual circumstances and court order.
Depending on the case, conditions may involve:
Alcohol testing
Drug testing
No-alcohol requirements
Travel restrictions
Reporting requirements
Other court-ordered conditions
The written bond order controls.
Do not assume that work, family obligations, travel plans or another person’s permission automatically create an exception.
A valid court order should be followed unless it is modified by the court.
The period immediately following an arrest can matter because court requirements may already be in effect and potentially useful evidence can disappear.
The first objective is not necessarily to decide how the entire case should end.
It is to understand what happened, comply with the court’s requirements and preserve information that may matter later.
Know exactly what the court requires.
Do not guess about:
Alcohol use
Drug use
Testing
Travel
Reporting
Court appearances
If something is unclear, obtain legal advice rather than assuming what the order means.
Keep:
Citation
Bond paperwork
Court notices
Police paperwork
Property receipts
Testing instructions
Driver’s-license documents
Breath or blood paperwork
Relevant evidence may include:
Body-camera recordings
Dash-camera recordings
Surveillance video
Witness information
Photographs
Receipts
Text messages
Phone records
Medical information
Location information
Rideshare records
Some surveillance systems automatically overwrite recordings.
Electronic information can become harder to retrieve.
Witness memories can change.
Early evidence preservation can matter.
While your recollection is fresh, document:
Where you were
When you were stopped
What happened before the stop
What the officer said
What you said
Field sobriety instructions
Breath or blood testing
Witnesses
Anything unusual about the investigation
Do not alter or fabricate information.
The purpose is to preserve your recollection.
Social-media posts, photographs, comments and messages can potentially become evidence.
Avoid posting about:
The arrest
Drinking
Police
The court
Potential defenses
Witnesses
What you think happened
Arraignment is often the first formal court proceeding.
The court may:
Advise the defendant of the charge
Address potential penalties
Set or review bond
Establish conditions of release
Schedule future proceedings
Bond conditions can become effective immediately.
A bond violation can create an additional issue while the original OWI charge remains pending.
The pretrial stage is where much of the substantive defense work can occur.
The defense may:
Obtain discovery
Review police reports
Obtain body-camera footage
Review dash-camera footage
Examine field sobriety testing
Review breath-test evidence
Review blood-test evidence
Identify witnesses
Investigate constitutional issues
Discuss potential resolutions
Prepare motions
Prepare for trial
A plea offer should not automatically substitute for reviewing the evidence.
The evidence should be evaluated first.
An OWI investigation typically develops in stages:
Driving → Traffic Stop → Roadside Investigation → Arrest → Breath or Blood Testing → Court
Each stage can raise different factual and legal questions.
The defense should ask:
Why was the vehicle stopped?
Was the stop lawful?
What did the officer actually observe?
How were field sobriety exercises conducted?
What evidence supported the arrest?
How was breath or blood evidence obtained?
What does body-camera or dash-camera footage show?
Were constitutional protections followed?
What driver’s-license consequences may apply?
Can the prosecution prove every required element?
Police generally need a legally sufficient basis for a traffic stop.
An officer may report:
Speeding
Lane violations
Equipment violations
Erratic driving
Citizen reports
Accident investigation
Another traffic offense
The defense should identify the officer’s stated justification and compare it with the available evidence.
Potential evidence can include:
Dash-camera video
Body-camera footage
Dispatch records
Witness information
Roadway video
Police reports
A lawful traffic stop and a lawful arrest are separate questions.
A traffic stop does not automatically establish probable cause for an OWI arrest.
Police may consider:
Driving behavior
Odor of alcohol
Speech
Eyes
Balance
Field sobriety testing
Preliminary breath testing
Statements
Witness observations
Video
The officer’s conclusions should be compared with objective evidence whenever possible.
The important question is what information existed at the time of the arrest.
Potentially.
Field sobriety evidence may be evaluated for:
Instructions
Demonstration
Testing conditions
Road surface
Weather
Lighting
Footwear
Physical limitations
Medical conditions
Actual performance
Officer interpretation
Body-camera footage
A report may summarize a person’s performance in a few sentences.
Video can provide substantially more context.
Eric L. Pernie is a Partner at Fraiberg & Pernie and a former Michigan police officer with more than 10 years of law-enforcement experience.
His law-enforcement background includes training and experience involving:
Field sobriety testing
DataMaster DMT
Traffic enforcement
Traffic stops
Officer observations
Arrest procedures
Police investigations
Report writing
Evidence collection
That background provides another perspective when reviewing an OWI investigation.
Questions may include:
Why did the officer initiate the stop?
What did the officer claim to observe?
Were field sobriety exercises administered appropriately?
What does the body-camera footage actually show?
Does the written report accurately describe the investigation?
What evidence existed when the arrest decision was made?
Were testing procedures followed?
The purpose is not to assume police acted properly or improperly.
The purpose is to compare what police did with the evidence and applicable legal requirements.
Read Eric Pernie’s attorney profile.
Potentially.
Breath-test review may involve:
Testing procedures
Instrument records
Maintenance records
Observation requirements
Operator procedures
Documentation
Compliance with applicable testing requirements
A breath-test result can be important evidence.
It is not the only evidence.
A meaningful challenge should be based on the facts, records and applicable requirements rather than simply assuming that every breath result is unreliable.
Potentially.
Blood-test review may involve:
Legal authority for the blood draw
Search warrant
Collection
Storage
Transportation
Chain of custody
Laboratory procedures
Analytical method
Documentation
Timing
Scientific evidence still must satisfy applicable legal and evidentiary requirements.
Whether a meaningful challenge exists depends on the records and individual circumstances.
Body-camera footage can provide an independent record of portions of an OWI investigation.
Video may show:
Speech
Balance
Coordination
Officer instructions
Field sobriety testing
Statements
Scene conditions
Search procedures
Arrest procedures
Sometimes video supports the police report.
Sometimes it provides additional context.
Sometimes it contradicts an important detail.
A police report is important, but it is not necessarily the complete evidence.
Michigan uses several different alcohol-related driving offenses.
| Charge | General Meaning |
|---|---|
| OWI | Operating While Intoxicated |
| OWVI | Operating While Visibly Impaired |
| High BAC OWI | Qualifying first-offense OWI involving an alleged BAC of 0.17 or higher |
Michigan commonly uses OWI rather than DUI.
For most drivers age 21 or older, a BAC of 0.08 or higher can support a per se OWI charge.
A person may also face an OWI allegation based on intoxication when the prosecution’s theory does not depend solely on a 0.08 BAC result.
OWVI means Operating While Visibly Impaired.
It is a separate Michigan alcohol- or drug-related driving offense.
Whether an OWI charge can be reduced to OWVI depends on the facts, evidence and circumstances.
There is no automatic reduction.
Michigan’s High BAC law applies to certain first-offense cases involving an alleged BAC of 0.17 or higher.
High BAC can carry enhanced consequences.
A High BAC result does not eliminate potential factual or legal issues.
The stop, arrest, video and chemical-testing evidence should still be reviewed.
For a deeper discussion, see Fraiberg & Pernie’s Oakland County High BAC OWI resource.
Michigan’s principal OWI statute is MCL 257.625.
Not necessarily.
Jail is legally possible for a Michigan OWI offense, but a first arrest does not automatically determine the sentence.
The outcome can depend on:
Exact charge
BAC
Driving behavior
Accident
Injury
Prior record
Evidence
Legal issues
Bond compliance
Mitigating circumstances
Final disposition
No attorney should promise a particular sentence before evaluating the case.
Possibly.
Driver’s-license consequences depend on factors including:
OWI versus OWVI
High BAC
Prior convictions
Chemical-test refusal
Final case disposition
Some driver’s-license consequences are imposed by the Michigan Secretary of State rather than the District Court judge.
That distinction can matter.
The criminal case and driver’s-license consequences should both be identified early.
An alleged refusal under Michigan’s implied-consent law can create a driver’s-license matter separate from the criminal OWI prosecution.
Deadlines may apply.
Do not assume that resolving the criminal case automatically resolves an implied-consent matter.
Prompt review is important.
Potentially.
No reduction is automatic.
Relevant considerations may include:
Strength of the evidence
BAC
Prior record
Constitutional issues
Chemical-testing issues
Video
Accident or injury
Mitigating circumstances
Negotiations
Some cases may involve a negotiated reduction.
Others may involve motions or trial.
The evidence should be evaluated before deciding whether negotiation is the appropriate strategy.
Potentially, when supported by the evidence and applicable law.
Issues may include:
Unlawful traffic stop
Lack of probable cause
Suppressed evidence
Improperly obtained statements
Chemical-testing problems supported by the records
Constitutional violations
Missing evidence
Witness problems
Insufficient evidence
No attorney can guarantee dismissal.
A more useful question is:
Where, if anywhere, is the prosecution’s case vulnerable?
See Fraiberg & Pernie’s Michigan criminal-defense case results for examples of prior matters.
Past results do not guarantee or predict a similar outcome.
A missed or failed test can potentially create a bond-compliance issue depending on the court order.
Possible consequences can include:
Additional testing
Modified bond conditions
Increased restrictions
Bond review
Other court action
If a legitimate testing problem occurs, preserve documentation such as:
Receipts
Screenshots
Error messages
Call logs
Emails
Communications with the testing provider
Do not ignore the problem.
Continue following all other bond conditions while the issue is addressed.
Possibly.
The answer depends on the written bond order.
If travel is restricted, employment does not automatically override the restriction.
When court approval is required, address the issue before making travel arrangements.
The same principle applies to personal travel.
An alleged bond violation may result in another court proceeding.
Depending on the circumstances, the court may consider:
Additional restrictions
Increased testing
Modification of bond
Increased bond
Revocation of bond
Other appropriate action
The simplest strategy is prevention:
Know the bond conditions and follow them.
For some people, the criminal-court penalty is only one concern.
An OWI allegation or conviction may potentially create issues involving:
Employment
Professional licensing
Commercial driver’s license
Security clearances
Company vehicle privileges
Transportation requirements
Background checks
Insurance
International travel
Professionals who may have additional concerns include:
Physicians
Nurses
Attorneys
Pilots
Teachers
Accountants
Financial professionals
Executives
Commercial drivers
The criminal case and potential professional consequences should be considered together.
A resolution that appears favorable in court may create a separate issue elsewhere.
Matthew Fraiberg is Managing Partner of Fraiberg & Pernie.
He has practiced Michigan law since 1997 and has more than 29 years of legal experience.
His professional background includes service as a:
Former City Prosecutor
Former Judicial Clerk
Former Assistant Legal Research Clerk working with Oakland County Circuit Court judges
Michigan criminal defense and DUI attorney
His approach to an OWI case begins with a fundamental question:
What does the evidence actually prove?
That requires looking beyond the arrest and examining:
Why the vehicle was stopped
Whether the stop was lawful
Whether probable cause existed
What video shows
How field sobriety exercises were administered
How breath or blood evidence was obtained
Whether constitutional protections were followed
Whether the prosecution can establish every required element
Read Matthew Fraiberg’s attorney profile.
Fraiberg & Pernie brings together two different professional perspectives.
Matthew Fraiberg:
Former City Prosecutor + former Judicial Clerk + Michigan criminal defense attorney since 1997.
Eric Pernie:
Former Police Officer + more than 10 years of law-enforcement experience + training and experience involving SFSTs and DataMaster DMT.
Those backgrounds can be relevant because an OWI case often requires evaluation of both:
what the prosecution must prove
and
how the police investigation was conducted.
That can include:
Traffic stop
Officer observations
Field sobriety testing
Arrest decision
Breath or blood evidence
Police reports
Body-camera footage
Constitutional issues
Driver’s-license consequences
The defense should follow the evidence rather than assumptions.
A first OWI can still affect driving privileges, employment, insurance and criminal history.
A preventable bond issue can create another problem while the original charge remains pending.
Know the testing schedule and follow the written order.
Social-media content can become evidence.
The criminal case and driver’s-license matters are not always the same proceeding.
The police report does not necessarily contain every fact relevant to the defense.
Michigan OWI law applies statewide.
But an individual case is handled in a particular court and may involve a particular:
Judge
Prosecutor
Police department
Probation department
Testing requirement
Court procedure
Familiarity with the 47th District Court can help an attorney understand the procedures involved and prepare the client for what happens next.
Local court familiarity can improve preparation. It does not guarantee a result.
OWI and other misdemeanor criminal cases arising in Farmington Hills are generally handled in the 47th District Court.
The 47th District Court also serves the City of Farmington.
Yes. People commonly use “DUI,” while Michigan law primarily uses the term Operating While Intoxicated (OWI).
For most drivers age 21 or older, 0.08 is the per se BAC threshold.
Michigan’s High BAC law applies to certain first-offense cases involving an alleged BAC of 0.17 or higher.
No. A BAC of 0.17 or higher does not by itself automatically make a qualifying first offense a felony.
Potentially.
The answer depends on the evidence, facts and circumstances. There is no automatic reduction.
Potentially, when supported by the evidence and law.
No attorney can guarantee dismissal.
Potentially.
Instructions, administration, testing conditions, physical limitations, officer interpretation and video may all be relevant.
Potentially.
A meaningful challenge should be based on the testing procedures, records, documentation and applicable law.
Potentially.
Video can confirm a police report, contradict it or provide additional context.
An alleged implied-consent refusal can create a separate driver’s-license matter that should be addressed promptly.
Possibly.
Follow the written bond order and obtain court permission when required.
Potentially.
The answer depends on the occupation, employer, licensing requirements and final disposition.
When evaluating an attorney for a Farmington Hills OWI case, consider objective information rather than relying solely on advertising claims.
Useful questions include:
Does the attorney regularly handle Michigan OWI cases?
Has the attorney handled cases in the 47th District Court?
Who will actually represent you?
Will body-camera and dash-camera footage be reviewed?
Does the attorney evaluate field sobriety testing?
Will breath or blood evidence be reviewed?
Does the attorney handle implied-consent issues?
Will the legality of the traffic stop and arrest be evaluated?
Does the attorney understand driver’s-license consequences?
Will appropriate motions be considered?
Is the attorney prepared for trial when necessary?
Will employment and professional consequences be considered?
Can the attorney’s professional credentials be independently verified?
No attorney can guarantee a particular result.
The objective is to choose counsel capable of evaluating the evidence, explaining realistic options and preparing the case for the direction it ultimately takes.
Continue with these Fraiberg & Pernie resources:
If you were arrested for DUI, OWI, OWVI, High BAC or another alcohol- or drug-related driving offense in Farmington Hills or Farmington, do not assume the outcome has already been determined.
Start by identifying:
Why the vehicle was stopped
Whether the stop was lawful
What the officer observed
What body-camera and dash-camera footage shows
How field sobriety exercises were conducted
What supported the arrest
Whether breath or blood evidence exists
What the underlying testing records show
What bond conditions apply
Whether a separate driver’s-license issue exists
Whether employment or professional concerns require attention
Then ask the central question:
What does the evidence actually prove?
Fraiberg & Pernie represents clients facing OWI, OWVI, High BAC and other drunk- or drugged-driving allegations in Farmington Hills, Farmington, the 47th District Court and throughout Oakland County.
Call Fraiberg & Pernie at (248) 986-2682 for a confidential consultation.
Fraiberg & Pernie
1000 S. Old Woodward Avenue, Suite 103
Birmingham, Michigan 48009
Written by: Matthew Fraiberg, Michigan DUI and criminal defense attorney, former City Prosecutor and former Judicial Clerk. Practicing Michigan law since 1997 with more than 29 years of legal experience.
Legally reviewed by: Eric L. Pernie, Michigan criminal defense attorney and former police officer with more than 10 years of law-enforcement experience.
Law Firm: Fraiberg & Pernie
Jurisdiction: Farmington Hills, Farmington and Oakland County, Michigan
Primary Court: 47th District Court
Practice Area: DUI / OWI Defense
Last reviewed and updated: October 2026
This page provides general educational information about Michigan OWI law and criminal proceedings and is not legal advice. It does not create an attorney-client relationship. Every case depends on its individual facts, evidence, applicable law, court and circumstances. Past results do not guarantee or predict a similar outcome.