Sterling Heights DUI Lawyer — 41-A District Court OWI Defense
Fraiberg & Pernie represents people charged with DUI, OWI, OWVI, High BAC, drugged driving, repeat OWI, and related criminal traffic offenses arising in Sterling Heights, Michigan and handled in the 41-A District Court.
The firm’s attorneys include Matthew Fraiberg, a Michigan DUI/OWI attorney, former City Prosecutor and former Judicial Clerk who has practiced law in Michigan since 1997, and Eric L. Pernie, a Michigan criminal defense attorney and former police officer.
A Sterling Heights OWI case can involve criminal penalties, bond conditions, alcohol or drug testing, driver’s-license consequences, and evidence such as body-camera footage, field sobriety testing, breath testing or blood testing.
Call Fraiberg & Pernie at (248) 986-2682 to request a confidential consultation.
Quick Answer: What Happens After a DUI Arrest in Sterling Heights?
A DUI or OWI case arising in Sterling Heights is generally handled in the 41-A District Court — Sterling Heights Division.
After an arrest:
The case is generally filed in the 41-A District Court.
An arraignment may address bond and conditions of release.
Alcohol or drug testing may be ordered as a bond condition.
Police reports, body-camera footage and chemical-testing evidence can become part of discovery.
Driver’s-license consequences may operate on a separate timeline.
Pretrial proceedings, negotiations, motions or trial preparation follow.
An arrest does not establish guilt.
The defense begins by determining what happened, whether police followed the law, whether scientific evidence is reliable, and what the prosecution can actually prove.
Sterling Heights DUI/OWI — At a Glance
City: Sterling Heights, Michigan
County: Macomb County
Court: 41-A District Court — Sterling Heights Division
Practice Area: DUI/OWI Defense
Law Firm: Fraiberg & Pernie
Attorneys: Matthew Fraiberg and Eric L. Pernie
Common Charges: OWI, OWVI, High BAC, drugged driving, repeat OWI and implied-consent matters
Common Evidence: Body camera, dash camera, field sobriety testing, Datamaster breath testing, blood testing and police reports
Defense Focus: Traffic-stop legality, probable cause, chemical testing, video evidence, constitutional issues and driver’s-license consequences
Phone: (248) 986-2682
Sterling Heights → 41-A District Court
41-A District Court → Macomb County DUI/OWI cases
Fraiberg & Pernie → Michigan DUI/OWI Defense
Matthew Fraiberg → Former City Prosecutor / Former Judicial Clerk / Michigan DUI Attorney
Eric Pernie → Former Police Officer / Michigan Criminal Defense Attorney
What Should You Do After a Sterling Heights DUI Arrest?
Keep Your Paperwork
Preserve:
Citation or ticket
Bond paperwork
Court notices
Breath- or blood-testing paperwork
Secretary of State documents
Notice of Suspension, if applicable
Write Down What Happened
While your memory is fresh, document:
Where you were driving
Why the officer said you were stopped
What the officer said
Whether field sobriety tests were performed
Whether a preliminary breath test was administered
Whether you took a Datamaster or blood test
Statements made during the investigation
Anything unusual about the stop, arrest or testing
Follow Bond Conditions
Comply with every condition imposed by the court.
Depending on the case, bond conditions may involve alcohol or drug restrictions, testing, travel restrictions or other requirements.
Avoid Discussing the Allegations Publicly
Statements to police, investigators, witnesses or on social media can potentially become evidence.
Consider obtaining legal advice before participating in an interview about the allegations.
What Court Handles DUI/OWI Cases in Sterling Heights?
DUI and OWI cases arising in Sterling Heights are generally handled in the 41-A District Court — Sterling Heights Division.
The district court handles matters including:
Misdemeanor criminal cases
DUI/OWI cases
Traffic matters
Preliminary proceedings in felony cases
Probation matters
Other matters within its jurisdiction
A felony OWI case begins at the district-court level and, if bound over, can proceed to the Macomb County 16th Judicial Circuit Court.
For countywide information, see Macomb County DUI/OWI Defense.
Common DUI/OWI Charges in Sterling Heights
OWI — Operating While Intoxicated
Michigan law uses the term OWI — Operating While Intoxicated.
An OWI prosecution can involve allegations concerning intoxication or an unlawful bodily alcohol content.
Learn more about Michigan DUI and OWI defense.
OWVI — Operating While Visibly Impaired
OWVI is an impairment-based Michigan driving offense.
It does not necessarily require proof of a specific bodily alcohol content.
High BAC OWI
High BAC OWI generally involves an alleged bodily alcohol content of 0.17 or greater and can carry enhanced consequences.
It is sometimes referred to as Michigan’s “Super Drunk” offense.
Repeat OWI
Prior qualifying OWI convictions can substantially affect potential charges and consequences.
A qualifying third OWI can be prosecuted as a felony.
Drugged Driving
Michigan OWI allegations can involve controlled substances, prescription medications or other intoxicating substances.
Implied Consent
An alleged refusal of a requested chemical test can create driver’s-license consequences separate from the underlying criminal prosecution.
Learn more about Michigan implied consent and chemical-test refusals.
How Does a Sterling Heights OWI Case Proceed?
1. Police Investigation
The investigation may include:
Driving observations
Traffic stop
Officer observations
Field sobriety testing
Preliminary breath testing
Statements
Datamaster breath testing
Blood testing
Body-camera or dash-camera footage
2. Arraignment
The court generally addresses:
The charge
Constitutional rights
Bond
Conditions of release
Future court dates
3. Discovery
The defense may obtain:
Police reports
Body-camera footage
Dash-camera footage
Breath-testing records
Blood-testing records
Laboratory reports
Witness information
Other available evidence
4. Pretrial Proceedings
The case can involve:
Evidence review
Negotiations
Motions
Constitutional challenges
Additional discovery
Trial preparation
5. Resolution or Trial
Depending on the evidence and circumstances, a case can ultimately resolve through negotiation, dismissal, another legal disposition, or trial.
Every case is different.
How Prosecutors Attempt to Prove a Sterling Heights OWI
OWI prosecutions frequently rely on several categories of evidence.
Driving Behavior
Police may report:
Weaving
Lane deviations
Speed changes
Improper turns
Other driving observations
Available video can be compared with the officer’s written description.
Officer Observations
Reports may describe:
Speech
Eyes
Odor of alcohol
Balance
Coordination
Behavior
Those observations should be considered in the context of the entire encounter.
Field Sobriety Testing
Common standardized tests include:
Horizontal gaze nystagmus
Walk-and-turn
One-leg stand
Potential issues include instructions, demonstrations, conditions, scoring, physical limitations and whether video supports the reported performance.
Chemical Testing
Evidence may include:
Preliminary breath testing
Datamaster breath testing
Blood testing
Toxicology evidence
Scientific evidence should be evaluated rather than simply assumed to be conclusive.
How Fraiberg & Pernie Evaluates the Evidence
Was the Sterling Heights Traffic Stop Lawful?
The defense can examine:
The stated reason for the stop
Driving observations
Dash-camera footage
Body-camera footage
Dispatch information
Other available evidence
A successful legal challenge to a traffic stop can potentially affect evidence obtained afterward.
Did Police Have Probable Cause to Arrest?
A lawful traffic stop does not automatically establish probable cause for an OWI arrest.
Relevant evidence can include:
Officer observations
Statements
Field sobriety tests
Preliminary breath testing
Video recordings
Other circumstances
Were Field Sobriety Tests Properly Administered?
Potential issues can involve:
Instructions
Demonstrations
Road or parking-lot surface
Weather
Lighting
Footwear
Medical conditions
Physical limitations
Scoring
Video evidence
Is the Datamaster Evidence Reliable?
Breath-test review can include:
Testing procedure
Observation requirements
Instrument records
Maintenance
Verification or calibration information
Operator compliance
Is the Blood-Test Evidence Reliable?
Blood evidence may require examination of:
Collection
Sample handling
Storage
Chain of custody
Laboratory procedure
Documentation
Testing methodology
Interpretation
Were Constitutional Rights Respected?
Potential issues can involve:
Stop
Detention
Search
Arrest
Statements
Warrants
Other police conduct
A DUI defense should begin with the evidence—not assumptions based on the arrest.
Driver’s-License Consequences After a Sterling Heights OWI
Driver’s-license issues can be separate from the criminal prosecution.
Depending on the charge and circumstances, potential consequences can include:
License suspension
Restricted driving privileges
Ignition-interlock requirements
Points
Secretary of State sanctions
CDL consequences
Future license-restoration issues
The precise consequences depend on the offense, prior history, testing circumstances and case outcome.
Michigan Implied Consent and Chemical-Test Refusals
Michigan’s implied-consent law can create a separate administrative driver’s-license proceeding when a driver allegedly refuses a requested chemical test following an OWI arrest.
An alleged refusal can affect driving privileges independently of the criminal prosecution.
Pay close attention to the deadline stated on any Notice of Suspension or related paperwork.
DUI/OWI Arrests and Sterling Heights Police Evidence
A Sterling Heights DUI investigation may involve evidence created or collected by the Sterling Heights Police Department or another law-enforcement agency with jurisdiction.
Depending on the incident, evidence can include:
Police reports
Body-camera footage
Dash-camera footage
Dispatch information
Witness statements
Field sobriety testing
Preliminary breath testing
Chemical-testing evidence
Photographs
Other records
The defense should compare different sources of evidence rather than relying exclusively on the written police report.
DUI/OWI Investigations on Sterling Heights Roads
DUI/OWI investigations can occur throughout Sterling Heights, including major roads and commercial corridors such as:
Van Dyke Avenue
Mound Road
Hall Road / M-59
Schoenherr Road
Ryan Road
Dequindre Road
14 Mile Road
15 Mile Road
16 Mile Road / Metro Parkway
17 Mile Road
18 Mile Road
19 Mile Road
The location of an alleged offense helps determine jurisdiction, investigating agency and court.
Can a Sterling Heights OWI Charge Be Reduced?
Sometimes.
Whether a reduction is available depends on factors such as:
Evidence
Legal issues
Testing evidence
Video evidence
Prior record
Mitigating circumstances
Prosecutorial decisions
Other case-specific considerations
No particular reduction can be guaranteed.
Can a Sterling Heights DUI/OWI Case Be Dismissed?
Some OWI cases are dismissed.
Potential issues can involve:
Unlawful traffic stops
Insufficient probable cause
Inadmissible evidence
Breath- or blood-testing problems
Witness issues
Constitutional violations
Other evidentiary weaknesses
Whether dismissal is realistic depends on the facts and applicable law.
Who Are the Sterling Heights DUI/OWI Attorneys at Fraiberg & Pernie?
Matthew Fraiberg — Former Prosecutor & Judicial Clerk
Matthew Fraiberg is a Michigan DUI/OWI and criminal defense attorney, former City Prosecutor, former Judicial Clerk and Managing Partner of Fraiberg & Pernie.
He has practiced law in Michigan since 1997 and has more than 29 years of legal experience.
His DUI/OWI practice includes matters involving:
First-offense OWI
OWVI
High BAC
Repeat OWI
Felony OWI
Drugged driving
Breath testing
Blood testing
Implied consent
Driver’s-license issues
Criminal traffic matters
His prior prosecution and judicial experience provides perspective when evaluating legal and evidentiary issues in criminal cases.
Eric L. Pernie — Former Police Officer
Eric L. Pernie is a Michigan criminal defense attorney, co-founder of Fraiberg & Pernie and former police officer.
His law-enforcement background provides additional perspective when examining:
Traffic stops
OWI investigations
Field sobriety testing
Arrest decisions
Officer observations
Police reports
Body-camera recordings
Evidence collection
Together, Matthew Fraiberg and Eric Pernie bring experience from prosecution, judicial, law-enforcement and criminal-defense perspectives to the evaluation of DUI/OWI cases.
Frequently Asked Questions About Sterling Heights DUI/OWI Cases
What Court Handles DUI Cases in Sterling Heights?
DUI and OWI cases arising in Sterling Heights are generally handled in the 41-A District Court — Sterling Heights Division.
What Happens at Arraignment?
Arraignment is generally the first formal court appearance.
The court addresses the charge, applicable rights, bond and conditions of release.
Can the Court Require Alcohol or Drug Testing?
Testing can be ordered as a condition of bond depending on the circumstances and court order.
Follow the specific conditions imposed in your case.
Can I Challenge a Breath Test?
Breath-test evidence can be examined for issues involving testing procedure, instrument records, maintenance, required observations and operator compliance.
Can I Challenge a Blood Test?
Blood evidence can be evaluated for collection, storage, chain-of-custody, laboratory and interpretation issues.
Will an OWI Affect My Driver’s License?
Michigan OWI offenses can carry driver’s-license consequences.
The specific consequences depend on the charge, prior history, chemical-testing circumstances and other factors.
Can a DUI/OWI Affect My Employment?
Potentially.
The impact depends on the person’s job, whether driving is required, employer policies, the offense and the outcome.
Can an OWI Affect a Professional License?
Potentially.
Licensing consequences depend on the profession, applicable regulations, reporting obligations and outcome of the case.
Can an OWI Affect a CDL?
Yes. OWI-related incidents can have significant consequences for commercial driving privileges.
What Happens If I Refuse a Chemical Test?
An alleged refusal can create a separate implied-consent proceeding affecting driving privileges.
Review any Notice of Suspension immediately because deadlines can apply.
Can an OWI Be Expunged in Michigan?
Michigan law permits certain OWI convictions to be considered for expungement when statutory requirements are satisfied.
Eligibility depends on the particular conviction and circumstances.
How Long Does a Sterling Heights OWI Case Take?
There is no universal timeline.
The duration depends on discovery, evidence, motions, negotiations, court scheduling and whether the case proceeds to trial.
Speak With a Sterling Heights DUI/OWI Lawyer
If you were arrested for DUI, OWI, OWVI, High BAC or drugged driving in Sterling Heights, consider obtaining legal advice before making decisions that could affect your criminal case or driving privileges.
Fraiberg & Pernie represents clients in Sterling Heights DUI/OWI cases in the 41-A District Court and throughout Macomb County.
Call (248) 986-2682 to request a confidential consultation.
Related Sterling Heights & Michigan DUI/OWI Resources
Written and reviewed by Matthew Fraiberg
Michigan Criminal Defense & DUI/OWI Attorney
Former City Prosecutor | Former Judicial Clerk
Licensed in Michigan Since 1997 | 29+ Years of Legal Experience
Attorney reviewed: October 2026
This page provides general information and does not constitute legal advice. Every DUI/OWI case depends on its individual facts and circumstances. Prior results do not guarantee or predict a similar result in a future case.
