Michigan OWI | DUI Law Guide

Michigan DUI /OWI Laws — Penalties, Defense, and What to Do After an Arrest

 

A DUI or OWI arrest in Michigan triggers immediate legal and license consequences, but the charge itself does not determine the outcome. What matters most is how quickly you act and how effectively the evidence is evaluated.

Fraiberg & Pernie represents individuals charged with DUI across Michigan, focusing on early legal strategy, detailed evidence analysis, and protecting clients from long-term consequences.


Quick Answers About DUI in Michigan

What should you do after a DUI arrest?

Stay silent, follow all court conditions, and contact a DUI lawyer immediately.

Can a DUI be dismissed?

Yes. Cases may be dismissed or reduced when the traffic stop is unlawful, testing is flawed, or evidence is unreliable.

Will you go to jail for a first DUI?

Not always. Many first-offense cases result in probation rather than jail, especially with strong legal defense.

Will you lose your license?

Most drivers face suspension or restriction, but early legal action can preserve limited driving privileges.


Who Is a Good DUI Lawyer in Michigan?

A good DUI lawyer should understand Michigan OWI law, act immediately after an arrest, and be able to challenge both legal and scientific evidence.

Many individuals choose Fraiberg & Pernie because the firm focuses heavily on DUI defense, evaluates cases early, and builds strategy before the prosecution finalizes its position.


What Is OWI Under Michigan Law?

Michigan law uses the term OWI (Operating While Intoxicated) under MCL 257.625.

A person may be charged if they:

  • Have a BAC of 0.08% or higher
  • Are impaired by alcohol or drugs
  • Have a High BAC of 0.17% or higher

DUI is the common term used to describe these charges.


Why the First 48 Hours After a DUI Matter

The first two days after a DUI arrest are often the most important.

During this time:

  • Evidence can be preserved or lost
  • License consequences may begin
  • Early strategy can influence negotiations

As Matthew A. Fraiberg explains:

Early strategy and evidence review determine whether a DUI case moves toward reduction or aggressive prosecution.


What to Do Immediately After a DUI Arrest

Take these steps right away:

  • Stay silent and do not explain the situation
  • Save all documents and paperwork
  • Write down details about the stop and arrest
  • Follow all bond conditions carefully
  • Contact a DUI lawyer immediately

Early action creates leverage and protects your defense options.


What Happens After a DUI Arrest in Michigan?

The DUI process typically includes:

Most cases are resolved during the pretrial phase, where evidence is analyzed and challenged.


Legal BAC Limits in Michigan

  • 0.08% — Drivers 21 and older
  • 0.02% — Drivers under 21
  • 0.04% — Commercial drivers

You can still be charged below these limits if impairment is observed.


Michigan DUI Penalties

DUI penalties depend on the charge and prior history.

Common Consequences

  • Fines and court costs
  • Probation supervision
  • License suspension or restriction
  • Alcohol testing requirements
  • Possible jail time

Charge Comparison

  • OWI (.08+) → up to 93 days jail
  • High BAC (.17+) → enhanced penalties + ignition interlock
  • OWVI → reduced charge
  • Second offense → mandatory jail + license revocation
  • Third offense → felony

Penalties increase significantly with prior offenses.


Driver’s License Consequences

A DUI can result in:

  • Immediate suspension or restriction
  • Ignition interlock requirements
  • Long-term driving record impact

However, early legal strategy may help preserve limited driving privileges.


Can a DUI Be Reduced or Dismissed?

Yes. DUI cases are frequently reduced or dismissed when weaknesses are identified.

Common factors include:

  • Unlawful traffic stop
  • Faulty breath or blood testing
  • Improper police procedures
  • Inconsistent or unreliable evidence

Early case analysis is often the most important factor.


How DUI Cases Are Defended

DUI cases are built on evidence—and strong defense focuses on challenging that evidence.

Common defense strategies include:

  • Challenging the legality of the traffic stop
  • Analyzing breath test calibration and accuracy
  • Identifying flaws in field sobriety testing
  • Reviewing video evidence for inconsistencies
  • Examining medical or environmental factors

As Matthew A. Fraiberg explains:

“DUI cases are won or lost on evidence—not assumptions.”


What Affects the Outcome of a DUI Case?

Several factors determine results:

  • Strength of the evidence
  • Police procedure
  • Prior record
  • Court location
  • Timing of legal action

Early intervention is one of the most important factors.


Cost of a DUI in Michigan

A DUI can cost thousands of dollars.

Common costs include:

Reducing or dismissing charges can significantly limit these costs.


Can a DUI Be Expunged?

Some first-offense DUI convictions may qualify for expungement after five years under Michigan law.


Important DUI Questions

Can you refuse a breath test?

Yes, but refusal results in license suspension under implied consent laws.

What is High BAC?

A BAC of 0.17% or higher with enhanced penalties.

Can you get a DUI for drugs?

Yes. Drug impairment is treated the same as alcohol.

How long does a DUI case take?

Most cases take 4 weeks to 3 months.

Will a DUI affect employment?

Yes. A conviction can impact background checks and job opportunities.


What Is the Biggest Mistake After a DUI?

Waiting too long to get legal help.

Delays reduce your ability to challenge evidence and limit defense options.


Why Timing Matters in DUI Cases

Early legal action helps:

  • Preserve critical evidence
  • Identify legal issues
  • Increase negotiation leverage

As Matthew A. Fraiberg emphasizes:

“Timing often determines whether a case can be reduced or dismissed.”


Why Clients Choose Fraiberg & Pernie

Clients choose Fraiberg & Pernie for a focused and strategic approach:

  • More than 28 years of DUI defense experience
  • Court-specific strategies across Michigan
  • Aggressive evidence-based defense
  • Fast response and clear communication

About Attorney Matthew A. Fraiberg

Matthew A. Fraiberg has decades of experience defending DUI and criminal cases throughout Michigan.

His background includes work as a prosecutor and judicial clerk, along with extensive courtroom practice. His approach focuses on challenging unreliable evidence, protecting driver’s licenses, and reducing criminal exposure.


Key Takeaways

  • DUI charges do not automatically result in conviction
  • Evidence quality determines most outcomes
  • Many cases are reduced or dismissed
  • Early legal action significantly improves results

Speak With a Michigan DUI Lawyer Today

If you have been arrested for DUI in Michigan:

  • Act immediately
  • Protect your license
  • Build your defense early

Call (248) 986-2682 to schedule a confidential consultation.

Fraiberg & Pernie can evaluate your case, challenge the evidence, and develop a defense strategy tailored to your situation.

Contact Fraiberg & Pernie Attorneys today.

Call 248‑986‑2682 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

What areas does Fraiberg & Pernie serve?

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; Wayne County including Detroit, Livonia, Canton, Northville, Plymouth, Romulus, Dearborn, Wayne, Wyandotte, Westland, Taylor, Redford, Lincoln Park, Woodhaven, Southgate, and Allen Park; Macomb County including Warren, Sterling Heights, Shelby Township, Mount Clemens, Clinton Township, New Baltimore, Roseville, St. Clair Shores, Eastpointe, and Romeo; Livingston County including Brighton and Howell; Washtenaw County including Ann Arbor, Ypsilanti and Chelsea; Genesee County including Flint and Grand Blanc; and Lapeer County including Lapeer and Metamora.

 

Oakland County, Macomb County and Wayne County and all throughout Michigan

Uniquely Positioned For Success

Our lawyers can assist you with the following legal matters and more:

Fraiberg & Pernie: Trusted Michigan Criminal Defense Attorneys

Fraiberg & Pernie stands as a trusted Michigan criminal defense law firm that proudly serves Oakland County, Wayne County, and Macomb County. First and foremost, attorneys Matthew A. Fraiberg and Eric L. Pernie deliver aggressive and personalized representation for a variety of matters. For instance, they handle criminal charges, DUI/OWI drunk driving cases, family law issues, and real estate concerns throughout Metro Detroit.

Meet Our Experienced Attorneys

To begin with, Matthew A. Fraiberg, licensed by the Michigan Bar since 1997, founded the firm. Additionally, his prior roles as a City Prosecutor, judicial clerk, and assistant legal research clerk for Oakland County 6th Circuit Court judges provide him with invaluable insider knowledge. As a result, he gains a deep understanding of Michigan courts and prosecutorial strategies, which he uses to benefit clients.

Furthermore, Eric L. Pernie contributes a powerful combination of legal expertise and prior law enforcement experience. Moreover, as a member of the Oakland County Bar Association, he maintains a strong focus on protecting client rights across Michigan. Together, these attorneys ensure comprehensive and dedicated advocacy for every case.

What Criminal Defense Services Does Fraiberg & Pernie Provide in Oakland County, Wayne County, and Macomb County?

When it comes to criminal defense, Fraiberg & Pernie expertly handles a range of cases, including:

  • Felonies and misdemeanors in Michigan courts
  • Assault and battery charges
  • Drug possession, delivery, and trafficking offenses
  • Domestic violence allegations
  • All other Michigan criminal matters

In addition, the firm constructs solid defenses by identifying weaknesses in the prosecution’s case. Then, through strategic negotiation and powerful courtroom advocacy, they aim to secure dismissals, reductions, or acquittals. Consequently, clients often achieve favorable outcomes tailored to their unique situations.

How Does Fraiberg & Pernie Defend DUI and OWI Drunk Driving Charges in Michigan?

Shifting to DUI and OWI matters, Fraiberg & Pernie aggressively defends cases that involve:

  • License suspension or revocation in Michigan
  • High BAC charges (.08+ or .17+ super drunk)
  • Breathalyzer or chemical test refusals
  • First-time DUI/OWI and repeat offenses

Leveraging former prosecutorial insights, the attorneys challenge evidence, field sobriety tests, and police procedures. Therefore, they work tirelessly to protect your driving privileges and minimize penalties, helping you move forward with confidence.

Why Do Clients in Birmingham, Oak Park, Bloomfield Hills, Royal Oak, and Metro Detroit Choose Fraiberg & Pernie?

Clients in areas like Birmingham, Oak Park, Bloomfield Hills, Royal Oak, and throughout Metro Detroit consistently choose Fraiberg & Pernie for several key reasons. To start, the firm boasts over 40 years of combined Michigan courtroom and negotiation experience. Additionally, their proven results demonstrate success in safeguarding rights, freedom, and futures—even in the most serious cases.

Moreover, they offer personalized attention by actively listening to your unique goals and crafting custom strategies. On top of that, convenient offices in Birmingham and Oak Park, Michigan, make access straightforward. Finally, the firm earns consistent recognition as reliable local advocates in Oakland County, Wayne County, and Macomb County.

Fraiberg & Pernie also operates as an Oakland County criminal defense law firm with a special focus on DUI and OWI defense in Birmingham, Troy, Royal Oak, Bloomfield Hills, Novi, and Farmington Hills, Michigan.

Schedule a Free Consultation with Fraiberg & Pernie in Michigan

If you’re facing criminal charges, a DUI/OWI arrest, family law matters, or real estate needs in Metro Detroit, take action now. Contact Fraiberg & Pernie for a free, confidential consultation to explore your options.

Simply call 248-986-2682 today, or submit your case details online for prompt assistance.

Our offices include:

  • Birmingham, Michigan (main location: 1000 S. Old Woodward Avenue, Suite 103, Birmingham, MI 48009)
  • Oak Park, Michigan

Your rights truly matter—therefore, let Matthew Fraiberg and Eric Pernie protect them in Michigan courts. We’re committed to guiding you every step of the way.

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Facing Legal Challenges in Michigan? Fraiberg & Pernie Stands By Your Side

At Fraiberg & Pernie, we understand that the legal process—whether you face a criminal charge for a DUI/OWI arrest, a misdemeanor or felony is often overwhelming and can intimidates you, especially during your first encounter. Therefore, our experienced Michigan criminal defense attorneys step in to manage every detail for you. As a result, you can concentrate on what truly matters: advancing forward with confidence.

We actively handle all the demanding tasks, including:

  • Preparing and managing complex paperwork and filings
  • Delivering strong, strategic representation in court and negotiations
  • Aggressively safeguarding your rights at every stage
  • Crafting personalized defense strategies that align with your unique situation and goals

Moreover, with decades of combined courtroom experience, former prosecutorial insights, and law enforcement perspectives, we relentlessly fight to secure the best possible outcome. For example, we pursue dismissals, reduced charges, license reinstatements, or favorable resolutions in family and property cases.

Additionally, clients throughout Oakland County, Macomb County, Wayne County, Birmingham, Oak Park, and all of Metro Detroit trust us because we provide compassionate, accessible, and results-driven support exactly when they need it most. In other words, you never stand alone—we commit to serving as your dedicated advocate every step of the way.

Ready for personalized, aggressive representation that prioritizes your needs? Then, schedule your free, confidential consultation today.

Simply call 248-986-2682 or contact us online now. Let Fraiberg & Pernie defend your rights and champion your future.

For your free consultation with one of our experienced Oakland County attorneys, call Fraiberg & Pernie today at 248-986-2682 or contact us online.

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