FRAIBERG & PERNIE
A DUI arrest in Troy can create two immediate problems: the criminal case itself and the disruption it can cause to everyday life.
For professionals, business owners, employees, parents, and people who travel for work, questions about testing, driving, travel, employment, and court appearances can become almost as urgent as the criminal charge.
If the alleged offense occurred in Troy, Michigan, a misdemeanor DUI or OWI case will generally be handled in the 52-4 District Court in Oakland County.
An arrest does not establish guilt.
Before deciding what to do, the evidence should be examined.
That can include:
Why the vehicle was stopped
What the officer actually observed
Body-camera and dash-camera footage
Field sobriety testing
Preliminary breath testing
Evidentiary breath or blood testing
Statements
Witnesses
Constitutional issues
Driver’s-license consequences
Fraiberg & Pernie represents people charged with DUI, OWI, OWVI, High BAC, drugged driving, repeat OWI, and related offenses in Troy and throughout Oakland County.
Matthew Fraiberg is a Michigan criminal defense and DUI/OWI attorney, former City Prosecutor, and former Judicial Clerk who has practiced law in Michigan since 1997 and has more than 29 years of legal experience.
Eric L. Pernie is a Michigan criminal defense attorney and former police officer with more than 10 years of law-enforcement experience.
Their backgrounds provide different perspectives when evaluating a DUI investigation: prosecution, judicial procedure, police investigation, and criminal defense.
Call Fraiberg & Pernie at (248) 986-2682 for a confidential consultation regarding a Troy DUI or OWI case.
| Location | Troy, Michigan |
| County | Oakland County |
| Court | 52-4 District Court |
| Law Firm | Fraiberg & Pernie |
| Attorneys | Matthew Fraiberg and Eric L. Pernie |
| Common Charges | OWI, OWVI, High BAC, drugged driving, repeat OWI |
| 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 |
| Evidence Reviewed | Video, police reports, field sobriety testing, breath/blood evidence |
| Additional Concerns | Bond, testing, work travel, driver’s license, employment |
| Phone | (248) 986-2682 |
Troy DUI/OWI → 52-4 District Court → Oakland County
Fraiberg & Pernie → Matthew Fraiberg + Eric Pernie
DUI Defense → Traffic Stop + Video + Field Sobriety Testing + Chemical Testing + Constitutional Issues
Troy is one of Oakland County’s major employment, commercial, hotel, shopping, and business destinations.
People travel into Troy every day for:
Work
Business meetings
Corporate offices
Restaurants
Hotels
Conferences
Medical appointments
Shopping
Entertainment
Major roads and traffic corridors include:
I-75
Big Beaver Road
Rochester Road
Crooks Road
Livernois Road
Maple Road
Long Lake Road
Dequindre Road
Square Lake Road
The area surrounding Big Beaver Road, Somerset Collection, I-75, hotels, restaurants, and corporate offices also brings substantial traffic from people who do not live in Troy.
Why does that matter in a DUI case?
Because driving behavior has to be evaluated in context.
A driver may be:
Following GPS directions
Looking for an unfamiliar entrance
Changing lanes for an approaching exit
Navigating heavy traffic
Responding to construction
Searching for a hotel or restaurant
Driving in an unfamiliar area
Those circumstances do not automatically explain allegedly improper driving.
But neither should unusual driving automatically be treated as proof of intoxication.
The actual circumstances matter.
A Troy DUI investigation often begins with an ordinary traffic observation rather than an immediate alcohol investigation.
An officer may report:
Speeding
Lane movement
Failure to signal
Improper turn
Equipment violation
Delayed braking
Traffic-signal violation
Following too closely
Driving unusually slowly
Accident involvement
The legal analysis should not jump directly from the traffic violation to intoxication.
Instead, the investigation can be examined in stages.
The first question is whether police had a lawful basis for the traffic stop.
Relevant evidence may include:
Officer observations
Dash-camera footage
Body-camera footage
Dispatch information
Witness information
Accident evidence
After approaching the vehicle, an officer may report:
Odor of alcohol
Speech characteristics
Eye appearance
Difficulty locating documents
Statements about drinking
Balance issues
Other observations
Those observations should be compared with the available recordings and surrounding circumstances.
The defense can examine:
Instructions
Officer demonstrations
Test administration
Road surface
Lighting
Weather
Footwear
Medical conditions
Physical limitations
Anxiety
Fatigue
A lawful traffic stop does not automatically establish probable cause for an OWI arrest.
Probable cause should be evaluated from the evidence developed during the investigation.
Depending on the case, police may request breath or blood testing.
The procedures and circumstances surrounding that testing can become important evidence.
The exact process varies, but several issues often require attention early.
At arraignment, the 52-4 District Court may address:
The charge
Bond
Alcohol restrictions
Drug restrictions
Testing
Travel
Reporting requirements
Other conditions
Future court dates
The written bond order controls.
Do not rely on what happened to a friend, coworker, or someone else’s case.
Read your own order carefully.
The defense may seek:
Police reports
Body-camera footage
Dash-camera footage
Dispatch records
Witness statements
Field sobriety evidence
Breath-test documentation
Blood-test documentation
Laboratory records
Other relevant evidence
The case may then involve evidence review, negotiations, additional discovery, motions, or trial preparation.
The appropriate direction depends on the evidence rather than assumptions based solely on the charge.
This issue deserves particular attention in Troy.
Many people working in or traveling through Troy have jobs requiring them to:
Fly out of Michigan
Visit customers
Attend conferences
Stay overnight for business
Travel internationally
Maintain demanding schedules
Work around required alcohol or drug testing
An OWI charge does not automatically eliminate the ability to travel.
But employment does not automatically override a court order either.
If travel is necessary, determine early:
Whether the bond order restricts travel.
Whether advance permission is required.
Whether testing must continue while traveling.
How testing will occur away from home.
Whether court dates conflict with the trip.
Whether international travel creates separate entry issues.
Do not wait until the night before a business trip to discover that the bond order creates a problem.
There can be two separate questions.
First, the Michigan court controls whether the person is permitted to travel outside Michigan or the United States while the criminal case is pending.
Second, Canadian authorities control admission into Canada.
Permission from a Michigan court to travel does not guarantee admission into another country.
People who regularly cross the Canadian border for employment or business should identify this issue early.
Alcohol or drug testing can become part of bond in an OWI case.
Technology does not always work perfectly.
If a testing device, mobile application, testing location, or reporting system appears to malfunction, preserve evidence of the problem.
That may include:
Screenshots
Error messages
Photographs
Emails
Telephone records
Testing-company communications
Receipts
Proof of attempted compliance
Do not assume the court or testing provider will automatically know that a technical problem occurred.
A problem documented when it happens is easier to evaluate than one reconstructed weeks later.
A missed or reported positive test can potentially become a bond-compliance issue.
Depending on the circumstances, relevant information can include:
Type of test
Reported result
Testing history
Timing
Explanation
Supporting documentation
Whether the result is disputed
Whether another test confirmed the result
Technical problems
Other circumstances
Potential consequences depend on the court order and facts.
If a legitimate problem occurs, document it and address it rather than ignoring it.
A police report is important evidence.
But it is a written description of an event.
Body-camera and dash-camera recordings can provide another perspective.
Video may show:
Speech
Balance
Coordination
Officer instructions
Driver responses
Traffic conditions
Weather
Lighting
Field sobriety-test performance
Statements
Events before and after arrest
Sometimes the video supports the written report.
Sometimes it adds context.
Sometimes meaningful differences exist.
The report and the recording should be evaluated together.
Field sobriety testing does not occur in a laboratory.
It can occur beside a road, at night, in traffic, under artificial lighting, or in poor weather.
Factors worth reviewing can include:
Instructions
Demonstrations
Pavement
Weather
Lighting
Footwear
Age
Injuries
Balance conditions
Anxiety
Fatigue
Actual performance shown on video
A conclusion about field sobriety performance should be based on what occurred under the actual testing conditions.
A reported BAC can be significant evidence.
The process that produced the number also matters.
Potential areas of review can include:
Equipment records
Accuracy or verification checks
Observation procedures
Operator qualifications
Testing sequence
Error messages
Mouth-alcohol issues
Consistency of results
Timing
A potential issue does not automatically invalidate a test.
The question is whether the issue is supported by evidence and has legal or scientific significance.
Blood cases can require review of:
Collection
Storage
Preservatives
Transportation
Chain of custody
Laboratory procedures
Quality-control information
Testing methodology
Measurement issues
Timing of the blood draw
Warrant or consent issues
Scientific evidence should be evaluated scientifically.
Michigan’s High BAC offense applies to certain first-offense cases involving an alleged bodily alcohol content of 0.17 or higher.
High BAC cases can create additional concerns involving:
Criminal penalties
Driver’s-license sanctions
Ignition interlock
Treatment
Testing
Probation
A high numerical result is important evidence.
It does not eliminate the need to evaluate:
The traffic stop
Probable cause
Field sobriety testing
Breath or blood procedures
Video
Constitutional issues
Scientific evidence
A high BAC number does not make the rest of the case irrelevant.
Troy cases are not limited to first-offense OWI.
Operating While Visibly Impaired is a separate Michigan alcohol- or drug-related driving offense.
A qualifying prior conviction can increase potential criminal and driver’s-license consequences.
A qualifying third-offense OWI can be prosecuted as a felony.
A felony OWI arising in Troy generally begins in the 52-4 District Court.
If the case is bound over following the District Court proceedings, subsequent felony proceedings generally occur in Oakland County Circuit Court.
The phrase “breath test” can refer to different tests.
A roadside preliminary breath test and post-arrest evidentiary chemical testing can involve different legal rules and consequences.
When a refusal is alleged, relevant questions can include:
Which test was requested?
When was it requested?
What did the officer say?
What did the driver say or do?
What does the police video show?
What documentation exists?
Is there an applicable deadline?
An Implied Consent refusal can create a driver’s-license proceeding separate from the criminal OWI case.
Do not assume that resolving the criminal charge automatically resolves the refusal matter.
Driver’s-license consequences depend on the charge and individual circumstances.
Potential issues can include:
Suspension
Restricted driving
Ignition interlock
Points
Revocation in repeat-offense cases
Implied Consent consequences
Commercial driver’s-license consequences
Michigan OWI cases can involve both the criminal court system and the Michigan Secretary of State.
Those processes are related, but they are not identical.
Possibly. There is no automatic reduction.
Relevant factors can include:
Evidence
BAC or toxicology result
Prior record
Accident
Injury
Legal issues
Prosecutor
Court
Mitigation
Available defense issues
Some cases are resolved through negotiation.
Others involve motions, hearings, or trial.
The evidence should be evaluated before deciding which approach is appropriate.
Dismissal is possible when the facts and law support it.
Potential issues can include:
Unlawful traffic stop
Insufficient probable cause
Constitutional violations
Inadmissible statements
Video inconsistent with written descriptions
Chemical-testing problems
Blood-testing issues
Witness problems
Proof of operation
Other evidentiary weaknesses
No attorney can guarantee that an OWI will be dismissed.
The useful question is:
What can the prosecution actually prove with admissible evidence?
See Fraiberg & Pernie’s Michigan DUI and criminal-defense case results for examples from prior cases.
Past results do not guarantee or predict a similar outcome.
Not necessarily.
Potential jail exposure depends on factors including:
Charge
Prior record
BAC
Accident
Injury
Driving behavior
Bond compliance
Evidence
Final resolution
Sentencing considerations
A first-offense OWI arrest does not automatically determine the eventual sentence.
Every case should be evaluated individually.
Missing alcohol or drug tests
Violating alcohol restrictions
Traveling without required permission
Ignoring driver’s-license paperwork
Missing court
Posting details about the case online
Contacting witnesses contrary to a court order
Deleting potentially relevant evidence
Driving without confirming license status
Making major case decisions before reviewing available evidence
A simple principle applies:
Do not create a new problem while defending the original charge.
Matthew Fraiberg is Managing Partner of Fraiberg & Pernie.
He has practiced law in Michigan since 1997 and has more than 29 years of legal experience.
His professional background includes:
Former City Prosecutor
Former Judicial Clerk
Former Assistant Legal Research Clerk working with Oakland County Circuit Court judges
Criminal defense and DUI/OWI representation throughout Oakland County
His approach to an OWI case begins with a straightforward question:
What does the evidence actually establish?
That requires looking beyond the charge itself and examining the underlying evidence.
Eric L. Pernie is a Michigan criminal defense attorney and co-founder of Fraiberg & Pernie.
Before practicing law, Eric served as a police officer for more than 10 years.
His law-enforcement background provides another perspective when examining:
Traffic stops
Officer observations
DUI investigations
Field sobriety testing
Police reports
Arrest procedures
Searches
Evidence collection
Body-camera footage
The attorneys’ backgrounds provide prosecution, judicial, police, and defense perspectives when reviewing an OWI allegation.
If you are comparing attorneys for a case in the 52-4 District Court, useful questions include:
Does the attorney regularly handle DUI/OWI cases?
Does the attorney handle criminal cases in Oakland County?
Will the actual video be reviewed?
Will the traffic stop be evaluated?
Are field sobriety tests examined rather than simply accepted?
Are breath or blood records reviewed when relevant?
Does the attorney handle Implied Consent issues?
Are driver’s-license consequences considered?
Can work-travel and bond issues be addressed?
Is motion practice considered when supported by the evidence?
Is the attorney prepared for trial if necessary?
Who will actually represent you?
Can the attorney’s credentials be independently verified?
Experience and credentials are relevant considerations.
They do not guarantee a particular result.
Most misdemeanor DUI and OWI cases arising in Troy are handled in the 52-4 District Court in Oakland County.
No.
The court handling an OWI generally depends on where the alleged offense occurred rather than where the driver lives.
The first formal court appearance is generally an arraignment.
The court may address the charge, bond, alcohol or drug restrictions, testing, travel, and future court dates.
It may.
Testing requirements depend on the charge, history, bond order, and individual circumstances.
A missed test can potentially be treated as a bond-compliance issue.
The circumstances and documentation matter.
Possibly.
Review the written bond order first. If permission is required, obtain it before traveling.
Possibly, but two different issues may apply: the Michigan bond order and Canadian admission requirements.
There is no single timeline.
Some cases resolve through pretrial proceedings, while others involve motions, scientific review, evidentiary hearings, or trial.
A first OWI does not automatically result in incarceration.
The outcome depends on the charge, evidence, history, compliance, and circumstances.
Sometimes.
The possibility of a reduction depends on the evidence, applicable law, negotiations, and circumstances.
Yes, dismissal is possible when supported by the facts and law.
It is never guaranteed.
It can.
Video may confirm, contradict, or provide additional context for an officer’s written observations.
Not automatically.
The consequences depend on the charge, prior history, chemical testing, refusal issues, and final disposition.
Bring documents received from:
Police
Jail
Court
Testing provider
Michigan Secretary of State
Also preserve potentially relevant:
Photographs
Videos
Receipts
Messages
Medical information
Travel information
Other evidence
Matthew Fraiberg’s professional background can be independently reviewed through sources including:
National College for DUI Defense
State Bar of Michigan
Avvo
Justia
Martindale-Hubbell
Where these appear on the live page, link each organization directly to the appropriate Matthew Fraiberg profile or listing.
Independent sources help readers verify professional information rather than relying exclusively on statements made by the law firm.
Continue with these Fraiberg & Pernie resources:
Managing Partner | Michigan Criminal Defense & DUI/OWI Attorney | Former City Prosecutor | Former Judicial Clerk
Matthew Fraiberg has practiced law in Michigan since 1997 and has more than 29 years of legal experience.
Read Matthew Fraiberg’s attorney profile.
Partner | Michigan Criminal Defense Attorney | Former Police Officer
Eric L. Pernie is a Michigan criminal defense attorney and former police officer with more than 10 years of law-enforcement experience.
His prior law-enforcement experience provides additional perspective when evaluating traffic stops, DUI investigations, field sobriety testing, officer observations, police reports, arrest procedures, and video evidence.
Read Eric L. Pernie’s attorney profile.
Written by: Matthew Fraiberg
Legally reviewed by: Eric L. Pernie
Law firm: Fraiberg & Pernie
Court: 52-4 District Court
Location: Troy, Oakland County, Michigan
Practice area: DUI / OWI Defense
Last attorney review: October 2026
If you were arrested for DUI, OWI, OWVI, High BAC, drugged driving, repeat OWI, or another alcohol- or drug-related driving offense in Troy, understanding the evidence is only part of the immediate problem.
You may also need to determine:
What your bond order requires
Whether you can travel for work
How required testing affects your schedule
What happens to your driver’s license
What video and scientific evidence exists
What the prosecution can actually prove
Fraiberg & Pernie represents clients charged with DUI and criminal offenses in the 52-4 District Court, Troy, Oakland County, and throughout Southeast Michigan.
Fraiberg & Pernie Criminal Defense Attorneys
1000 S. Old Woodward Avenue, Suite 103
Birmingham, Michigan 48009
Call (248) 986-2682 for a confidential consultation regarding a Troy DUI or OWI case.
This page provides general legal information, not legal advice. Every case is different. Past results, professional experience, ratings, reviews, memberships, or recognition do not guarantee or predict a particular outcome.
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