FRAIBERG & PERNIE

Warren Michigan OWI / DUI Defense Lawyers – 37th District Court

Warren OWI Lawyer — 37th District Court DUI Defense

Arrested for OWI or DUI in Warren, Michigan? Start With the First Week.

If you were arrested for OWI, DUI, OWVI, High BAC, drugged driving, or another impaired-driving offense in Warren, Michigan, a misdemeanor case will generally be handled in the 37th District Court in Macomb County.

The first week after an OWI arrest can be important.

Before the case reaches a pretrial conference, you may already be dealing with:

  • Bond conditions

  • Alcohol or drug testing

  • Driver’s-license questions

  • Court dates

  • Police reports

  • Body-camera or dash-camera footage

  • Breath or blood evidence

  • Employment concerns

  • Evidence that should be preserved

Start with four priorities:

1. Follow the court’s bond and testing requirements.
2. Confirm whether you can legally drive.
3. Preserve potentially relevant evidence.
4. Determine what the prosecution can actually prove.

An OWI arrest is not a conviction.

And the charge written on a complaint does not determine the outcome.

The prosecution still has to establish the offense through admissible evidence.

Fraiberg & Pernie represents people charged with OWI and related offenses in Warren, the 37th District Court, and throughout Macomb County.

Matthew Fraiberg is a Michigan criminal defense and 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.

Together, Fraiberg & Pernie bring criminal-defense, prosecution, judicial, and law-enforcement perspectives to the evaluation of Warren OWI cases.

Call Fraiberg & Pernie at (248) 986-2682 for a confidential consultation.


Warren OWI & 37th District Court — Key Information

   
Location Warren, Michigan
County Macomb County
Court 37th District Court
Law Firm Fraiberg & Pernie
Attorneys Matthew Fraiberg and Eric L. Pernie
Common Charges OWI, OWVI, High BAC, drugged driving, repeat OWI
Early Priorities Bond, testing, license status and evidence preservation
Evidence Reviewed Traffic stop, video, field sobriety testing, breath/blood evidence
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
Phone (248) 986-2682

Warren OWI/DUI → 37th District Court → Macomb County
Fraiberg & Pernie → Matthew Fraiberg + Eric Pernie
OWI Defense → Traffic Stop + Video + Field Sobriety Tests + Chemical Testing + Constitutional Issues


What Court Handles an OWI in Warren?

Most misdemeanor OWI, OWVI, and High BAC cases arising in Warren are handled in the 37th District Court.

The court handles misdemeanor criminal matters, traffic matters, and preliminary proceedings in felony prosecutions within its jurisdiction.

A felony OWI case can also begin in District Court.

Felony proceedings may include:

  • Arraignment

  • Probable-cause conference

  • Preliminary examination

If the case is bound over, subsequent felony proceedings generally occur in Macomb County Circuit Court.

Which court handles an OWI generally depends on where the alleged offense occurred, not where the person lives.


The First Week After a Warren OWI Arrest

It is easy to assume that nothing important happens until the first major court hearing.

That can be a mistake.

Several separate issues may begin developing immediately.

1. Understand the Bond Order

Read the actual written court order.

Depending on the circumstances, bond conditions may involve:

  • No alcohol

  • No illegal drugs

  • Alcohol or drug testing

  • Remote breath testing

  • Travel restrictions

  • Reporting requirements

  • No new criminal activity

  • Attendance at court

  • Other conditions imposed by the court

Work, childcare, travel, or other responsibilities do not automatically suspend a court order.

If a legitimate conflict develops, address it before violating the condition.

2. Confirm Your Driver’s-License Status

Do not assume that you can or cannot drive based solely on the criminal charge.

The criminal case and Michigan driver’s-license consequences can involve different procedures.

3. Preserve Evidence

Potentially relevant evidence can disappear.

Examples can include:

  • Business surveillance video

  • Traffic-camera footage

  • Dash-camera recordings

  • Body-camera recordings

  • Receipts

  • Photographs

  • Text messages

  • Location information

  • Witness information

  • Electronic records

Business surveillance systems may overwrite recordings.

Witness memories can fade.

Electronic information can disappear.

Evidence that exists today may not exist several weeks from now.

4. Document Testing Problems

If alcohol or drug testing is required and something goes wrong, document the problem when it occurs.

5. Start Evaluating the Prosecution’s Evidence

An OWI defense should ultimately answer a more important question than simply, “What was I charged with?”

What does the admissible evidence actually establish?


What if You Miss, Fail, or Have a Problem With an Alcohol Test?

A missed, late, diluted, or reported positive test can potentially create a separate bond issue.

If a testing problem occurs, preserve information about it immediately.

Useful documentation can include:

  • Screenshots

  • Photographs

  • Error messages

  • Call logs

  • Emails

  • Receipts

  • Testing-provider communications

  • Proof of attempted compliance

For example, if a device reports an error, take a photograph or screenshot if possible.

If a testing location is unexpectedly closed, document the closure.

If you contact the provider, preserve the communication.

Do not wait several weeks to reconstruct a testing problem that could have been documented when it happened.

The significance of a testing issue depends on the facts and the court order.


A Warren OWI Case Is a Sequence, Not Just a BAC Number

One useful way to evaluate an OWI case is chronologically:

Driving → Traffic Stop → Officer Contact → Field Sobriety Testing → Arrest → Chemical Testing

Each step can create its own factual or legal questions.

The defense may review:

  • Why the vehicle was stopped

  • What the officer observed

  • What the driver said

  • What video shows

  • How field sobriety tests were administered

  • Whether probable cause existed

  • How breath or blood evidence was obtained

  • Whether constitutional requirements were followed

A BAC number may be important.

But it is only one part of the investigation.


Where Did the Warren Traffic Stop Occur?

Location can affect what evidence exists and how the alleged driving should be interpreted.

Warren includes freeways, commercial corridors, industrial areas, residential streets, restaurants, businesses, and heavily traveled surface roads.

OWI investigations may occur near:

  • Van Dyke Avenue

  • Mound Road

  • Hoover Road

  • Ryan Road

  • Dequindre Road

  • Schoenherr Road

  • Eight Mile Road

  • Twelve Mile Road

  • Thirteen Mile Road

  • Fourteen Mile Road

  • I-696

  • I-75

A freeway stop can involve:

  • Merging

  • Lane changes

  • Higher speeds

  • Construction

  • Traffic

  • Dash-camera evidence

A stop along Van Dyke, Mound, or another commercial corridor may involve:

  • Business surveillance

  • Witnesses

  • Traffic

  • Street lighting

  • Parking-lot cameras

A residential stop can involve different:

  • Lane markings

  • Road conditions

  • Lighting

  • Visibility

Where the investigation occurred can affect both the evidence available and the context surrounding the driving.


Was the Traffic Stop Lawful?

Police generally need a lawful basis for a traffic stop.

The defense may examine:

  • What violation was allegedly observed?

  • Did the officer personally observe it?

  • Was the stop based on a citizen report?

  • Was there an accident?

  • Is dash-camera footage available?

  • Does the video support the reason stated in the report?

  • What were the actual road and traffic conditions?

If a stop violated constitutional protections, evidence obtained afterward may potentially become subject to challenge.

Whether a challenge exists depends on the facts and applicable law.


When Does a Traffic Stop Become an OWI Investigation?

An ordinary traffic stop can become an impaired-driving investigation after an officer reports observations such as:

  • Odor of alcohol

  • Bloodshot or glassy eyes

  • Speech characteristics

  • Difficulty locating documents

  • Balance problems

  • Statements about alcohol or drug use

  • Other behavior associated with impairment

Those observations should not necessarily be viewed in isolation.

They can be compared with:

  • Body-camera video

  • Dash-camera video

  • Witness accounts

  • Medical information

  • Physical limitations

  • Road conditions

  • Weather

  • Other evidence

The issue is not to assume that an officer’s observation is right or wrong.

The issue is to determine what the complete evidence supports.


Police Reports and Video: Do They Tell the Same Story?

Police reports are important evidence.

They are also written descriptions of an event.

A report may describe a driver as:

  • Confused

  • Unsteady

  • Slurring

  • Disoriented

  • Highly intoxicated

Body-camera or dash-camera footage may allow those descriptions to be independently evaluated.

Video may show:

  • Speech

  • Balance

  • Coordination

  • Driver responses

  • Officer instructions

  • Field sobriety-test performance

  • Road conditions

  • Weather

  • Lighting

  • Statements

  • Events before and after arrest

Sometimes the video supports the report.

Sometimes it provides additional context.

Sometimes meaningful differences exist.

The purpose is not to assume the officer is wrong. The purpose is to compare the written report with the objective evidence.


Field Sobriety Testing in Warren OWI Cases

Field sobriety evidence can be evaluated based on what actually occurred during the investigation.

Relevant considerations can include:

  • Instructions

  • Officer demonstrations

  • Test administration

  • Road surface

  • Lighting

  • Weather

  • Footwear

  • Age

  • Injuries

  • Medical conditions

  • Physical limitations

  • Anxiety

  • Fatigue

  • Actual performance shown on video

A written description of performance can be compared with available recordings.


Was There Probable Cause for the OWI Arrest?

A lawful traffic stop does not automatically establish probable cause to arrest someone for OWI.

The analysis can involve:

  • Driving behavior

  • Officer observations

  • Statements

  • Field sobriety testing

  • Preliminary breath testing

  • Video

  • Witness information

  • Other circumstances

The question is whether the evidence known to the officer provided a lawful basis for the arrest.

An arrest establishes that police accused someone of an offense. It does not establish guilt.


Can a Warren Breath Test Be Challenged?

Potentially.

A breath-test review may involve:

  • Equipment records

  • Maintenance records

  • Accuracy or verification checks

  • Observation procedures

  • Operator qualifications

  • Testing sequence

  • Timing

  • Error messages

  • Administrative records

  • Consistency between samples

A reported BAC can be significant evidence.

It does not eliminate questions about how the result was obtained and whether applicable procedures were followed.

A procedural issue also does not automatically invalidate a breath test.

The issue must matter factually, scientifically, or legally.


Can Warren Blood-Test Evidence Be Challenged?

Depending on the circumstances, blood evidence can involve issues concerning:

  • Consent

  • Search warrant

  • Collection procedure

  • Sample handling

  • Storage

  • Transportation

  • Chain of custody

  • Laboratory methods

  • Quality-control records

  • Testing methodology

  • Timing between driving and collection

  • Drug or metabolite interpretation

The presence of alcohol, a drug, or a metabolite does not eliminate every legal or scientific issue.

The evidence should be evaluated in context.


Common OWI Charges in the 37th District Court

OWI — Operating While Intoxicated

Michigan primarily uses the term OWI, although people frequently search for and refer to the offense as DUI.

Learn more about Michigan DUI and OWI defense.

OWVI — Operating While Visibly Impaired

Operating While Visibly Impaired is a separate Michigan impaired-driving offense.

High BAC / “Super Drunk”

Michigan High BAC applies to certain first-offense cases involving an alleged bodily alcohol content of 0.17 or higher.

Drugged Driving

OWI allegations can involve controlled substances, marijuana, prescription medications, or other intoxicating substances.

Second-Offense OWI

A qualifying prior OWI conviction can increase potential criminal and driver’s-license consequences.

Third-Offense / Felony OWI

A qualifying third-offense OWI can be prosecuted as a felony.

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


What Happens to Your Driver’s License After a Warren OWI?

The criminal prosecution and Michigan driver’s-license consequences can operate separately.

License consequences may depend on:

  • Exact charge

  • Prior OWI history

  • Chemical-test result

  • Alleged refusal

  • Commercial driver’s-license status

  • Final disposition

Potential consequences can include:

  • Suspension

  • Restricted driving

  • Revocation

  • Points

  • Ignition interlock

  • Commercial driver’s-license consequences

Do not determine your driving status from the criminal charge alone.

Confirm whether you can legally drive.


What if You Refused a Chemical Test?

An alleged refusal can create a driver’s-license matter separate from the criminal OWI prosecution.

Michigan Implied Consent law can involve its own administrative procedures and deadlines.

Relevant questions can include:

  • Which test was requested?

  • When was it requested?

  • What warnings were provided?

  • What did the driver say or do?

  • What does the video show?

  • What paperwork was issued?

  • What deadline applies?

Resolving the criminal case does not necessarily resolve an Implied Consent matter.


Can a Warren OWI Be Reduced to OWVI?

Sometimes.

Whether an OWI can be reduced to OWVI depends on factors including:

  • Evidence

  • Legal issues

  • Driving behavior

  • BAC

  • Prior history

  • Prosecutor

  • Negotiations

  • Circumstances of the case

No reduction should be assumed.

The evidence should be evaluated before deciding whether negotiation is the appropriate strategy.


Can a Warren OWI Be Dismissed?

Potentially, when the evidence and law support dismissal.

Issues can include:

  • Unlawful traffic stop

  • Insufficient probable cause

  • Failure to establish operation

  • Contradictory video

  • Weak driving evidence

  • Field sobriety-test issues

  • Breath-test issues

  • Blood-test issues

  • Chain-of-custody problems

  • Missing evidence

  • Witness issues

  • Constitutional violations

Some cases are negotiated.

Others involve motions, scientific review, evidentiary hearings, or trial.

The evidence should drive the strategy.

See Fraiberg & Pernie’s Michigan DUI and criminal-defense case results for examples from prior matters.

Past results do not guarantee or predict a similar outcome.


What Happens After a Warren OWI Arrest?

Although the details vary, a misdemeanor case may include:

Arraignment

The court can address:

  • Charge

  • Rights

  • Bond

  • Testing

  • Conditions of release

  • Future court dates

Discovery

Relevant materials may include:

  • Police reports

  • Body-camera footage

  • Dash-camera footage

  • Dispatch information

  • Witness statements

  • Breath-test records

  • Blood-test records

  • Laboratory documentation

  • Other evidence

Pretrial Proceedings

The attorneys may address:

  • Evidence

  • Discovery

  • Legal issues

  • Negotiations

  • Potential motions

  • Trial preparation

Motions

When supported by the facts and law, a motion can address issues involving:

  • Traffic stop

  • Detention

  • Arrest

  • Search

  • Statements

  • Breath evidence

  • Blood evidence

  • Other evidence

Resolution or Trial

Depending on the circumstances, a case can conclude through dismissal, reduction, negotiated resolution, plea, trial, or another legally available outcome.


Warren OWI Attorneys — Two Perspectives on the Evidence

Matthew Fraiberg — Former City Prosecutor & Judicial Clerk

Matthew Fraiberg is Managing Partner of Fraiberg & Pernie and a Michigan criminal defense and OWI attorney.

He has practiced Michigan law 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

  • Michigan criminal defense and DUI/OWI representation

His approach to an OWI case begins with the evidence:

What does the prosecution actually have, and what does that evidence actually establish?

Eric L. Pernie — Former Police Officer

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 experience provides another perspective when evaluating:

  • Traffic stops

  • Police investigations

  • Officer observations

  • Field sobriety testing

  • Report writing

  • Arrest decisions

  • Searches

  • Evidence collection

  • Body-camera footage

Together, Matthew Fraiberg and Eric Pernie bring experience from prosecution, judicial, law-enforcement, and criminal-defense perspectives to the evaluation of OWI cases.


How Should You Evaluate a Warren OWI Lawyer?

If you are comparing attorneys for a case in the 37th District Court, consider objective questions such as:

  • Does the attorney regularly handle Michigan OWI cases?

  • Does the attorney handle criminal matters in Macomb County?

  • Will the traffic stop be evaluated?

  • Will body-camera and dash-camera footage be reviewed?

  • Are field sobriety tests examined?

  • Are breath and blood records reviewed when appropriate?

  • Does the attorney handle Implied Consent issues?

  • Are driver’s-license consequences considered?

  • Can bond and testing problems 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 professional background be independently verified?

Experience, reviews, ratings, and prior results can provide information about an attorney.

They do not guarantee a particular outcome.


Warren OWI & 37th District Court Frequently Asked Questions

What Court Handles a Warren DUI or OWI?

Most misdemeanor OWI, OWVI, and High BAC cases arising in Warren are handled in the 37th District Court in Warren, Michigan.

Does the 37th District Court Require Alcohol Testing?

It may.

Testing requirements depend on the charge, history, bond determination, and individual circumstances.

The written court order controls.

What Should I Do if My Testing Device Fails?

Document the problem immediately.

Preserve screenshots, photographs, error messages, communications with the testing provider, and proof of attempted compliance.

Do not simply stop testing.

What Happens if I Miss a Test?

A missed test can potentially become a bond issue.

The circumstances and supporting documentation can matter.

Can Bond Conditions Be Modified?

Sometimes.

A request may be appropriate when employment, medical treatment, travel, family responsibilities, or another legitimate circumstance creates an issue.

The court determines whether a modification will be granted.

Can a High BAC Result Be Challenged?

The evidence can be reviewed.

Testing procedures, equipment records, timing, observation requirements, video, and other evidence may be relevant.

Can Body-Camera Footage Help an OWI Defense?

It can.

Body-camera footage may confirm, contradict, or provide additional context for observations contained in the police report.

Will I Lose My Driver’s License Immediately?

Not necessarily.

The answer depends on the charge, chemical testing, prior history, alleged refusal, and applicable Michigan Secretary of State consequences.

Will I Go to Jail for a First OWI in Warren?

Jail may be legally authorized, but it is not automatic.

The potential outcome depends on the facts, evidence, history, compliance, charge, and final resolution.

Can an OWI Affect My Job?

Potentially.

Employment issues can involve:

  • Driving responsibilities

  • Employer policies

  • Insurance

  • Background checks

  • Professional licensing

  • Commercial driving

Can a Warren OWI Be Reduced?

Some cases result in negotiated reductions.

No reduction is automatic.

Can a Warren OWI Be Dismissed?

Yes, dismissal is possible when supported by the facts and law.

No attorney can guarantee dismissal.

Does It Matter if I Do Not Live in Warren?

No.

The court handling the case generally depends on where the alleged offense occurred rather than where the person lives.


Warren, Macomb County & Michigan OWI Resources

Continue with these Fraiberg & Pernie resources:


About the Authors

Matthew Fraiberg — Author

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.

Eric L. Pernie — Legal Review

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, police reports, arrest procedures, and video evidence.

Read Eric Pernie’s attorney profile.

Written by: Matthew Fraiberg
Legally reviewed by: Eric L. Pernie
Law firm: Fraiberg & Pernie
Court: 37th District Court
Location: Warren, Macomb County, Michigan
Practice area: DUI / OWI Defense
Last attorney review: October 2026


Speak With a Warren OWI Lawyer

If you were arrested for OWI, DUI, OWVI, High BAC, drugged driving, repeat OWI, chemical-test refusal, or another impaired-driving offense in Warren, focus first on what can affect the case now:

Follow the court order. Confirm your driver’s-license status. Preserve evidence. Document testing problems. Then determine what the prosecution can actually prove.

Fraiberg & Pernie represents clients charged with OWI and criminal offenses in the 37th District Court, Warren, Macomb 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 Warren OWI or DUI 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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