OWI | DUI Defense - 52-1 Novi District Court, MI - Fraiberg & Pernie

Novi OWI & DUI Lawyer — 52-1 District Court Defense

Arrested for OWI or DUI in Novi, Michigan?

If you were arrested for OWI, DUI, OWVI, High BAC, drugged driving or another alcohol-related driving offense in Novi, Michigan, a misdemeanor case will generally be handled in the 52-1 District Court in Oakland County.

An arrest is not a conviction.

The immediate priorities may include:

• Understanding bond conditions

• Completing required alcohol or drug testing

• Determining whether you may legally drive

• Preserving video and other evidence

• Identifying driver’s-license deadlines

• Preparing for court

• Addressing work or business travel

• Determining what happens if you live outside Novi or outside Michigan

Novi OWI cases can present circumstances that are different from cases arising in many residential communities.

Novi attracts shoppers, business travelers, conference attendees, hotel guests and visitors who may be navigating unfamiliar roads, major freeway interchanges, heavy traffic and GPS directions.

Those circumstances do not excuse impaired driving.

They can, however, provide important context when evaluating an officer’s observations and conclusions.

Fraiberg & Pernie represents people charged with OWI and DUI in Novi, the 52-1 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 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.

Novi OWI & 52-1 District Court at a Glance

Novi OWI → 52-1 District Court → Oakland County
Novi Driving Context → Visitors + GPS + Unfamiliar Roads + Major Interchanges
OWI Defense → Stop + Probable Cause + SFSTs + Video + Breath/Blood Evidence
Matthew Fraiberg → Former Prosecutor + Former Judicial Clerk
Eric Pernie → Former Police Officer + SFST/DataMaster Experience

Why Novi OWI Cases Can Be Different

Novi is a regional destination rather than simply a residential community.

People travel to Novi for:

• Twelve Oaks Mall

• Suburban Collection Showplace

• Hotels

• Conferences

• Restaurants

• Entertainment

• Business meetings

• Sporting and community events

As a result, some people arrested for OWI in Novi do not live in Novi.

Some may be unfamiliar with the roads.

Others may be navigating traffic while following GPS directions, looking for a hotel or business, searching for a conference entrance or attempting to find the correct freeway exit.

That context can matter when evaluating the driving behavior that led to a traffic stop.

Not Every Driving Mistake Establishes Impairment

Police officers investigate driving behavior that they believe may indicate impairment.

But some driving behavior can have more than one possible explanation.

A driver may be:

• Following GPS directions

• Looking for a hotel

• Searching for a business

• Trying to locate a conference entrance

• Navigating an unfamiliar freeway interchange

• Driving after a long workday

• Moving through congested traffic

• Unsure which lane to use

Observed driving might include:

• Missing an exit

• Driving below the speed limit

• Sudden braking

• Delayed lane changes

• Hesitation at an intersection

• Lane corrections

• Wrong turns

• Circling a destination

None of those actions automatically establishes intoxication.

At the same time, unfamiliarity with the road does not automatically invalidate a traffic stop or OWI allegation.

The driving behavior should be evaluated together with the complete evidence.

Novi Roads & OWI Investigations

Novi includes several major freeways and heavily traveled roads, including:

• I-96

• I-275

• M-5

• Novi Road

• Grand River Avenue

• Beck Road

• Haggerty Road

• Twelve Mile Road

• Eight Mile Road

The city also includes shopping centers, hotels, restaurants, offices and event venues that generate substantial traffic.

Traffic context may become relevant when reviewing:

• Lane position

• Speed

• Braking

• Turns

• Exit decisions

• Driver response to police

• Road configuration

• Construction

• Lighting

• Traffic volume

The question is not whether Novi traffic excuses impaired driving.

It does not.

The question is whether the officer’s interpretation of a particular driving action is fully supported by the available evidence.

The First Week After a Novi OWI Arrest

The first week can be important because court requirements may already be in effect and potentially useful evidence can disappear.

1. Read Your Bond Order

Determine whether the court requires:

• Alcohol testing

• Drug testing

• No alcohol

• Travel restrictions

• Reporting

• Other conditions

The written court order controls.

2. Preserve Your Documents

Keep:

• Citation

• Bond paperwork

• Court notices

• Testing instructions

• Police paperwork

• Property receipts

• Chemical-test paperwork

• Driver’s-license documents

• Secretary of State paperwork

3. Preserve Potential Evidence

Potential evidence may include:

• Body-camera video

• Dash-camera video

• Surveillance footage

• Witness information

• Receipts

• Text messages

• Photographs

• Phone records

• Location information

• GPS history

• Rideshare records

• Hotel or conference records

Some electronic evidence and surveillance footage may not remain available indefinitely.

4. Write Down What Happened

While your recollection is fresh, document:

• Where you were coming from

• Where you were going

• Which road you were driving on

• Whether you were using GPS

• 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

Provide that information privately to your attorney rather than posting it publicly.

5. Confirm Your Driving Status

Do not assume an arrest automatically means your license is suspended.

Also do not assume possession of your physical license necessarily means you may legally drive.

Your status can depend on the charge, chemical testing, alleged refusal, prior history and Secretary of State action.

What Happens After an OWI Arrest in Novi?

A misdemeanor OWI case may involve:

1. Traffic stop

2. Roadside investigation

3. Field sobriety testing

4. Arrest

5. Breath or blood testing

6. Arraignment in the 52-1 District Court

7. Bond conditions

8. Discovery and evidence review

9. Pretrial conferences

10. Motions, negotiations, trial or other resolution

Every case follows its own timeline.

Understanding the process can help a person comply with court requirements and make informed decisions as the evidence becomes available.

What Is the 52-1 District Court?

The 52-1 District Court handles misdemeanor criminal matters and the preliminary stages of felony cases arising within its jurisdiction.

A pending OWI matter may involve:

• Arraignment

• Bond

• Alcohol or drug testing

• Discovery

• Police reports

• Body-camera and dash-camera recordings

• Breath or blood evidence

• Motion hearings

• Plea negotiations

• Trial preparation

A felony OWI case may begin in District Court before later proceedings occur in Oakland County Circuit Court if the case is bound over.

Local court familiarity can help an attorney understand procedure and prepare a client for what happens next.

It does not guarantee a result.

How a Novi OWI Case Is Evaluated

An OWI investigation typically develops in stages:

Driving → Traffic Stop → Roadside Investigation → Arrest → Chemical Testing → Court

Each stage can raise separate factual and legal questions.

The defense should ask:

1. Why was the vehicle stopped?

2. Was the stop lawful?

3. What driving behavior did the officer actually observe?

4. Could road, traffic or navigation conditions provide relevant context?

5. What happened during the roadside investigation?

6. How were field sobriety exercises conducted?

7. What evidence supported the arrest?

8. What does the video show?

9. How was breath or blood evidence obtained?

10. Were constitutional protections followed?

11. What driver’s-license consequences may apply?

12. Can the prosecution prove every required element?

Was the Traffic Stop Lawful?

Police need a legally sufficient basis to stop a vehicle.

An officer may report:

• Speeding

• Lane violations

• Equipment violations

• Erratic driving

• Unusual braking

• Failure to maintain lane position

• Citizen report

• Accident

• Another traffic offense

The defense should identify the officer’s stated reason for the stop and compare it with available evidence.

Potential evidence may include:

• Dash-camera video

• Body-camera video

• Dispatch information

• Road configuration

• Witness statements

• Traffic conditions

A driving mistake may provide a lawful basis for a traffic stop depending on the circumstances.

A lawful stop does not by itself prove intoxication.

What Did the Officer Actually Observe?

During an OWI investigation, an officer may rely on observations involving:

• Driving behavior

• Odor of alcohol

• Speech

• Eyes

• Balance

• Coordination

• Statements

• Field sobriety testing

• Preliminary breath testing

• Video

Those observations should be evaluated together rather than in isolation.

The defense should also compare the written police report with available video whenever possible.

Can Field Sobriety Tests Be Challenged?

Potentially.

Field sobriety evidence may be evaluated for:

• Instructions

• Demonstration

• Testing conditions

• Road surface

• Lighting

• Weather

• Traffic

• Footwear

• Physical limitations

• Medical issues

• Fatigue

• Actual performance

• Officer interpretation

• Video

A report may summarize an exercise as a “failure.”

Video may provide considerably more information about what actually occurred.

Eric Pernie — Former Police Officer & OWI Investigations

Eric L. Pernie is a Partner at Fraiberg & Pernie and a 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

• Traffic stops

• Officer observations

• Arrest procedures

• Police investigations

• Report writing

• Evidence collection

That background provides another perspective when evaluating an OWI investigation.

Questions can include:

• Why did the officer initiate the stop?

• What did the officer claim to observe?

• What else could the video show?

• Were field sobriety exercises conducted appropriately?

• What evidence supported the arrest?

• Does the report accurately describe the recording?

• Were chemical-testing procedures followed?

The purpose is not to assume police acted correctly or incorrectly.

The purpose is to compare the investigation with the actual evidence and applicable law.

Read Eric Pernie’s attorney profile.

Why Body-Camera & Dash-Camera Video Matters

Video can provide an independent record of portions of an OWI investigation.

It may show:

• Driving

• Traffic conditions

• Speech

• Balance

• Coordination

• Officer instructions

• Driver responses

• Lighting

• Weather

• Field sobriety exercises

• Statements

• Arrest procedures

Sometimes video supports the written police report.

Sometimes it provides additional context.

Sometimes it raises questions about an important detail.

Video should be reviewed rather than assumed to favor either side.

Can a Breath Test Be Challenged?

Potentially.

Breath-test review may involve:

• Testing procedures

• DataMaster DMT records

• Instrument records

• Maintenance documentation

• Accuracy checks

• Observation requirements

• Operator conduct

• Timing

• Error messages

• Documentation

A breath-test result can be important evidence.

It is not the only evidence.

A meaningful challenge should be based on the testing records, facts and applicable requirements.

Can a Blood Test Be Challenged?

Potentially.

Blood-test review may involve:

• Legal authority for the blood draw

• Search warrant

• Collection

• Storage

• Transportation

• Chain of custody

• Laboratory procedures

• Analytical method

• Quality-control records

• Timing

• Documentation

Scientific evidence still must satisfy applicable legal and evidentiary requirements.

Whether a meaningful issue exists depends on the records and circumstances.

OWI, OWVI & High BAC in Michigan

OWI

People commonly use the term DUI, while Michigan law primarily uses Operating While Intoxicated (OWI).

For most drivers age 21 or older, an alcohol concentration of 0.08 or higher can support a per se OWI theory.

OWVI

OWVI means Operating While Visibly Impaired.

It is a separate Michigan alcohol- or drug-related driving offense.

Whether an OWI can be reduced to OWVI depends on the evidence and circumstances.

There is no automatic reduction.

High BAC

Michigan’s High BAC law generally applies to qualifying first-offense cases involving an alleged alcohol concentration of 0.17 or higher.

High BAC can carry enhanced consequences.

A reported BAC of 0.17 or higher does not eliminate the need to examine the traffic stop, arrest, video and chemical-testing evidence.

Michigan’s principal impaired-driving statute is MCL 257.625.

Driver’s-License Consequences After a Novi OWI

An OWI case may involve driver’s-license consequences through the Michigan Secretary of State.

The consequences can depend on:

• Charge

• Chemical-test result

• Prior history

• Alleged implied-consent refusal

• Final disposition

The criminal case and driver’s-license process are related, but they are not always the same proceeding.

That distinction can be particularly important for someone who lives outside Novi or outside Michigan.

What if You Allegedly Refused a Chemical Test?

An alleged refusal under Michigan’s implied-consent law may create a driver’s-license matter separate from the criminal prosecution.

Potentially relevant evidence can include:

• Police report

• Body-camera video

• Officer instructions

• Chemical-test paperwork

• Search warrant

• Secretary of State documents

Deadlines may apply.

Do not assume that resolving the criminal case automatically resolves a separate implied-consent matter.

Visiting Novi When You Were Arrested?

Many people charged with OWI in Novi may live elsewhere.

Some may live elsewhere in Michigan.

Others may have been visiting for:

• Work

• Conference

• Shopping

• Entertainment

• Sporting event

• Hotel stay

• Business meeting

Common questions can include:

• Do I have to return to Novi for every hearing?

• Can an attorney appear for me at some proceedings?

• What if I live several hours away?

• What if I live in another state?

• Can I travel home?

• Can I travel while the case is pending?

• How do testing requirements affect travel?

The answers depend on the type of hearing, written bond order, court requirements and individual circumstances.

Do not assume that living outside Michigan automatically excuses a court appearance, testing requirement or bond condition.

Planning ahead can reduce unnecessary problems.

Business Travel & Bond Conditions

A person arrested while visiting Novi for work may need to return home or continue traveling for business.

A legitimate business reason does not automatically override a court order.

Before traveling, determine:

• Whether travel is restricted

• Whether court approval is required

• How testing will continue

• Whether an upcoming court date creates a conflict

• Whether international travel presents another issue

If a testing device malfunctions, preserve:

• Screenshots

• Error messages

• Photographs

• Call logs

• Emails

• Provider communications

• Proof of attempted testing

Continue following all other court requirements.

Can a Novi OWI Be Reduced?

Potentially.

No reduction is automatic.

Relevant considerations may include:

• Evidence

• BAC

• Prior record

• Traffic-stop issues

• Probable-cause issues

• Video

• Chemical-testing evidence

• Constitutional issues

• Mitigating circumstances

• Negotiations

The evidence should be evaluated before deciding whether a negotiated resolution is appropriate.

Can a Novi OWI Be Dismissed?

Potentially, when supported by the evidence and applicable law.

Issues may include:

• Unlawful traffic stop

• Lack of probable cause

• Suppressed evidence

• Constitutional violations

• Improperly obtained statements

• Chemical-testing issues supported by the records

• Missing evidence

• Witness problems

• Insufficient evidence

No attorney can guarantee dismissal.

A more useful question is:

What weaknesses, if any, exist in the prosecution’s case?

Matthew Fraiberg — Former Prosecutor & Judicial Clerk

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 begins with a basic question:

What does the evidence actually prove?

That can require examining:

• Reason for the traffic stop

• Police observations

• Road and traffic context

• Probable cause

• Field sobriety testing

• Video

• Breath testing

• Blood testing

• Statements

• Constitutional issues

• Driver’s-license consequences

Read Matthew Fraiberg’s attorney profile.

Why Fraiberg & Pernie’s Background Matters

Fraiberg & Pernie combines different professional perspectives relevant to OWI defense.

Matthew Fraiberg:
Former City Prosecutor + former Judicial Clerk + Michigan attorney since 1997.

Eric Pernie:
Former Police Officer + more than 10 years of law-enforcement experience + SFST and DataMaster DMT experience.

An OWI case can require evaluation of both:

what the prosecution must prove
and
how the police investigation was conducted.

That may include:

• Reason for the traffic stop

• Driving observations

• Field sobriety testing

• Arrest decision

• Breath or blood evidence

• Police reports

• Video

• Constitutional issues

• Driver’s-license consequences

The defense should follow the evidence rather than assumptions.

Novi OWI & DUI FAQ

What Court Handles a Novi OWI?

Misdemeanor OWI cases arising in Novi are generally handled in the 52-1 District Court.

Does the 52-1 District Court Handle Felony OWI Cases?

A felony OWI case may begin in District Court before subsequent felony proceedings occur in Oakland County Circuit Court if the case is bound over.

Is DUI Called OWI in Michigan?

Yes.

People commonly use “DUI,” but Michigan law primarily uses the term Operating While Intoxicated (OWI).

What Is High BAC in Michigan?

Michigan’s High BAC law generally applies to qualifying first-offense cases involving an alleged alcohol concentration of 0.17 or higher.

Can GPS Confusion or Unfamiliar Roads Matter?

Potentially.

Navigation difficulties may provide context for certain driving behavior, but each case depends on its facts and evidence.

Unfamiliar roads do not excuse impaired driving.

Can Field Sobriety Tests Be Challenged?

Potentially.

Instructions, administration, road conditions, physical limitations, officer interpretation and video may all be relevant.

Can Breath or Blood Evidence Be Challenged?

Potentially.

A meaningful challenge should be based on the underlying procedures, records, evidence and applicable law.

Can Body-Camera Video Help?

Potentially.

Video may confirm, contradict or provide additional context for an officer’s observations.

Will I Lose My Driver’s License?

Driver’s-license consequences depend on the charge, chemical testing, prior history, alleged refusal and final disposition.

What if I Refused a Chemical Test?

An alleged implied-consent refusal can create a driver’s-license proceeding separate from the criminal OWI case.

Deadlines may apply.

What if I Live Outside Michigan?

You can retain a Michigan attorney even if you live in another state.

Court appearances, testing, travel and other requirements depend on the written court orders and individual case.

Do I Have to Return to Michigan for Every Hearing?

Not necessarily in every situation.

Whether your personal appearance is required depends on the proceeding, court requirements and circumstances.

Do not assume an appearance is excused unless that has been confirmed.

Can a Novi OWI Be Reduced?

Potentially.

No reduction is automatic.

Can a Novi OWI Be Dismissed?

Potentially, when supported by the evidence and applicable law.

No attorney can guarantee dismissal.

How to Choose a Novi OWI Lawyer

When evaluating an attorney for a Novi OWI case, consider objective information rather than relying only on advertising claims.

Questions worth asking include:

• Does the attorney regularly handle Michigan OWI cases?

• Has the attorney handled cases in the 52-1 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 examined?

• Does the attorney handle implied-consent matters?

• Will the legality of the traffic stop and arrest be evaluated?

• Does the attorney understand driver’s-license consequences?

• Can the attorney address issues involving out-of-state clients?

• Will appropriate motions be considered?

• Is the attorney prepared for trial when necessary?

• 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.

Novi DUI & Michigan OWI Resources

Continue with these Fraiberg & Pernie resources:

• Oakland County DUI / OWI Defense

• Michigan DUI / OWI Defense

• Michigan High BAC Defense

• Michigan Implied Consent Defense

• Oakland County Criminal Defense

• Michigan Criminal Defense Case Results

• Michigan Criminal Defense & DUI Video Library

• Matthew Fraiberg Attorney Profile

• Eric L. Pernie Attorney Profile

• Michigan OWI Statute — MCL 257.625

Speak With a Novi OWI Lawyer

If you were arrested for OWI, DUI, OWVI, High BAC, drugged driving or another impaired-driving offense in Novi, do not assume the outcome has already been determined.

Start by identifying:

• Why the vehicle was stopped

• What driving behavior the officer observed

• Whether unfamiliar roads, traffic or navigation issues provide relevant context

• Whether the stop was lawful

• What body-camera and dash-camera footage shows

• How field sobriety exercises were conducted

• What evidence supported the arrest

• Whether breath or blood evidence exists

• What the testing records show

• What bond conditions apply

• Whether a driver’s-license deadline exists

• Whether living outside Novi or outside Michigan creates logistical issues

Then ask:

What does the evidence actually prove?

Fraiberg & Pernie represents clients facing OWI, OWVI, High BAC and other impaired-driving allegations in Novi, the 52-1 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: Novi and Oakland County, Michigan
Primary Court: 52-1 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.