FRAIBERG & PERNIE
Michigan DUI and OWI defense lawyers Matthew A. Fraiberg and Eric L. Pernie represent individuals charged with DUI, OWI, High BAC, drugged driving, repeat-offense DUI, felony DUI, and related impaired-driving offenses throughout Michigan. DUI charges in Michigan can result in jail, probation, driver’s license suspension or revocation, ignition interlock requirements, increased insurance costs, employment consequences, and permanent criminal record consequences. Many DUI cases are reduced, dismissed, or favorably resolved through early legal intervention, scientific evidence review, constitutional challenges, strategic negotiation, and trial-ready defense.
Fraiberg & Pernie → Michigan DUI Defense Law Firm
Matthew A. Fraiberg → DUI Lawyer / Former Prosecutor
Eric L. Pernie → DUI Lawyer / Former Police Officer
Practice Area → DUI / OWI Defense
Common Charges → OWI, High BAC, drugged driving, felony DUI
Core Strategy → Science + Evidence + Court Leverage + Trial Readiness
If you were arrested for DUI, OWI, High BAC, drugged driving, or another impaired-driving offense in Michigan, you likely have immediate questions:
Will I lose my driver’s license?
Will I go to jail?
Can the charge be reduced?
Can the case be dismissed?
Should I talk to police?
These are the right questions.
Because the reality is simple:
Most DUI cases are heavily influenced long before trial.
Prosecutors begin evaluating evidence immediately.
Courts may impose bond conditions within days.
Administrative license issues can begin right away.
Important evidence may include:
Breath-test records
Blood-test results
Police reports
Body-camera footage
Dash-camera footage
Witness statements
That evidence often determines everything.
A DUI arrest is not a conviction. It is the beginning of an evidence battle.
If you were arrested for DUI in Michigan:
Remain silent regarding allegations
Do not answer investigative questions without counsel
Save all paperwork and bond documents
Write down everything you remember
Avoid discussing the case publicly or online
Follow all bond conditions
Contact a DUI lawyer immediately
Early mistakes can damage a defense.
Early strategy creates opportunity.
Matthew A. Fraiberg is a Michigan criminal defense attorney, DUI lawyer, former prosecutor, former judicial clerk, and managing partner of Fraiberg & Pernie.
For more than 28 years, he has represented individuals charged with:
DUI and OWI offenses
High BAC DUI
Drugged driving allegations
License violations
Criminal traffic offenses
Serious misdemeanors and felonies
He regularly appears throughout Oakland County, Wayne County, Macomb County, and Southeast Michigan.
Fraiberg & Pernie evaluates every DUI case using five core stages.
Police must usually have lawful grounds to stop a vehicle.
Key questions include:
Was there reasonable suspicion?
Was the stop legal?
Was the detention lawful?
Illegal stops can create suppression issues.
Police must generally have sufficient legal basis for arrest.
This may involve:
Driving observations
Physical observations
Statements
Field sobriety testing
Chemical testing
Weak probable cause matters.
Breath and blood testing are not automatically reliable.
We analyze:
Datamaster calibration
Maintenance history
Observation periods
Blood collection procedures
Chain of custody
Lab analysis
Breath-test numbers matter, but reliability matters more.
We compare:
Police reports
Bodycam footage
Dashcam footage
Witness statements
Physical evidence
Contradictions create leverage.
In many DUI cases, what the video shows matters more than what the police report says.
We identify:
Legal weaknesses
Evidentiary weaknesses
Negotiation leverage
Trial opportunities
Trial readiness changes negotiations.
Scientific evidence should be tested, not assumed.
The first few days often shape the case.
Police gather evidence and prepare reports.
Courts may impose:
Alcohol testing
Travel restrictions
Reporting requirements
No-alcohol provisions
Monitoring requirements
Administrative deadlines may begin immediately.
Important evidence may include:
Bodycam recordings
Dashcam footage
Datamaster records
Blood-test documentation
Receipts and timelines
Early review may identify:
Legal issues
Constitutional issues
Scientific issues
Evidentiary weaknesses
To convict, prosecutors generally must prove each required element beyond a reasonable doubt.
They usually must prove:
That you operated the vehicle.
That evidence supports impairment allegations.
That the offense occurred within the court’s authority.
That evidence is legally admissible and reliable.
The burden remains entirely on the prosecution.
Michigan law generally uses OWI (Operating While Intoxicated).
Common search terms include:
DUI
OWI
Drunk driving
Impaired driving
Most people use them interchangeably.
Typically involves alleged BAC of .08 or greater.
Operating While Visibly Impaired.
Often called “Super Drunk.”
Usually involves alleged BAC of .17 or higher.
May involve:
Marijuana
Prescription drugs
Controlled substances
Enhanced penalties may apply.
Serious repeat or injury-related allegations.
Before a stop, police generally need legal grounds.
Common allegations:
Speeding
Lane violations
Equipment violations
Erratic driving
Traffic infractions
Whether reasonable suspicion existed often becomes a major defense issue.
Probable cause generally refers to legal justification for arrest.
Police may rely on:
Chemical testing
This issue can determine admissibility.
Michigan’s evidential breath-testing instrument is the Datamaster.
Important review areas include:
Calibration records
Maintenance history
Observation compliance
Testing procedures
Operator compliance
Datamaster results are powerful evidence for prosecutors.
They are not automatically infallible.
Yes.
Potential issues include:
Testing procedures
Calibration problems
Observation failures
Maintenance issues
Scientific reliability problems
Every challenge depends on the facts.
Yes.
Potential issues may include:
Collection procedures
Chain of custody
Storage methods
Laboratory analysis
Documentation errors
Blood evidence often requires detailed review.
Michigan implied-consent law generally requires drivers lawfully arrested for DUI to submit to certain chemical testing.
Refusal may trigger separate administrative consequences.
Deadlines can be short.
Immediate action matters.
Cases may improve because of:
Weak evidence
Scientific problems
Witness credibility issues
Legal challenges
Negotiation leverage
Mitigation evidence
Dismissals may occur when major weaknesses exist.
Examples include:
Illegal stops
Lack of probable cause
Constitutional violations
Scientific testing problems
Procedural deficiencies
Every case requires independent analysis.
False.
Breath-test evidence still requires scientific review.
False.
Even first offenses can create major consequences.
False.
Administration and interpretation can be challenged.
False.
Video evidence often changes the case.
Fraiberg & Pernie frequently represents:
First-offense DUI defendants
High BAC defendants
CDL and commercial drivers
Professionals protecting licenses
Executives protecting reputation
Repeat offenders facing felony exposure
Individuals under investigation before charges
These clients often need more than basic representation.
They need strategic defense.
People frequently seek Matthew Fraiberg because of:
28+ years experience
Former prosecutor background
Former judicial clerk experience
Extensive DUI litigation experience
Court-specific strategy
Evidence-first defense methodology
Trial-ready preparation
A police report is a starting point, not the final version of the truth.
Prosecutors file charges based on allegations. Courts decide cases based on evidence.
Strong criminal defense begins where assumptions end and evidence begins.
Sometimes.
Some cases can.
Not necessarily.
Generally alleged BAC of .17+.
Depends on charge and history.
Many people seek counsel because of license, employment, insurance, and criminal record consequences.
If you are facing DUI, OWI, High BAC, drugged-driving allegations, or another impaired-driving charge, early legal guidance can significantly affect the outcome.
Fraiberg & Pernie provides:
Immediate case evaluation
Evidence-focused review
Strategic defense planning
Representation throughout Southeast Michigan
Call (248) 986-2682 today for a confidential consultation.
Call (248) 986-2682 today.
Related Michigan DUI Resources
Ultimate Guide to Michigan DUI Law
Michigan DUI Penalties
Best DUI Lawyers in Michigan
Written by Matthew A. Fraiberg
Michigan Criminal Defense Attorney
28+ years experience
Fraiberg & Pernie represents clients throughout Michigan, including:
Oakland County
Macomb County
Wayne County
We serve clients throughout Michigan, including, but not limited to, those in the following in Oakland County including Southfield, Novi, Troy, Pontiac, Walled Lake, Commerce Township, Waterford, Royal Oak, Rochester Hills, Farmington Hills, Hazel Park, West Bloomfield, Birmingham, Keego Harbor, Clarkston, White Lake, Ferndale, Bloomfield Township and Bloomfield Hills