FRAIBERG & PERNIE
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.
| 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
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.
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.
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.
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.
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.
If alcohol or drug testing is required and something goes wrong, document the problem when it occurs.
An OWI defense should ultimately answer a more important question than simply, “What was I charged with?”
What does the admissible evidence actually establish?
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.
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.
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.
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.
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 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 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.
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.
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.
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.
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.
Operating While Visibly Impaired is a separate Michigan impaired-driving offense.
Michigan High BAC applies to certain first-offense cases involving an alleged bodily alcohol content of 0.17 or higher.
OWI allegations can involve controlled substances, marijuana, prescription medications, or other intoxicating substances.
A qualifying prior OWI conviction can increase potential criminal and driver’s-license consequences.
A qualifying third-offense OWI can be prosecuted as a felony.
Michigan’s principal impaired-driving statute is MCL 257.625.
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.
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.
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.
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.
Although the details vary, a misdemeanor case may include:
The court can address:
Charge
Rights
Bond
Testing
Conditions of release
Future court dates
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
The attorneys may address:
Evidence
Discovery
Legal issues
Negotiations
Potential motions
Trial preparation
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
Depending on the circumstances, a case can conclude through dismissal, reduction, negotiated resolution, plea, trial, or another legally available outcome.
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 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.
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.
Most misdemeanor OWI, OWVI, and High BAC cases arising in Warren are handled in the 37th District Court in Warren, Michigan.
It may.
Testing requirements depend on the charge, history, bond determination, and individual circumstances.
The written court order controls.
Document the problem immediately.
Preserve screenshots, photographs, error messages, communications with the testing provider, and proof of attempted compliance.
Do not simply stop testing.
A missed test can potentially become a bond issue.
The circumstances and supporting documentation can matter.
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.
The evidence can be reviewed.
Testing procedures, equipment records, timing, observation requirements, video, and other evidence may be relevant.
It can.
Body-camera footage may confirm, contradict, or provide additional context for observations contained in the police report.
Not necessarily.
The answer depends on the charge, chemical testing, prior history, alleged refusal, and applicable Michigan Secretary of State consequences.
Jail may be legally authorized, but it is not automatic.
The potential outcome depends on the facts, evidence, history, compliance, charge, and final resolution.
Potentially.
Employment issues can involve:
Driving responsibilities
Employer policies
Insurance
Background checks
Professional licensing
Commercial driving
Some cases result in negotiated reductions.
No reduction is automatic.
Yes, dismissal is possible when supported by the facts and law.
No attorney can guarantee dismissal.
No.
The court handling the case generally depends on where the alleged offense occurred rather than where the person lives.
Continue with these Fraiberg & Pernie resources:
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.
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
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.
Fraiberg & Pernie is not a typical Michigan criminal defense law firm.
What makes the firm different is the combination of perspectives brought to every case.
Clients benefit from attorneys who understand criminal cases from multiple angles:
The prosecutor’s perspective
The judge’s perspective
The defense attorney’s perspective
The police officer’s perspective
That matters because criminal and DUI cases are rarely won by looking at only one side of the system.
Winning defense often comes from understanding how the entire system works.
Fraiberg & Pernie uses that multi-perspective insight to defend clients facing:
DUI / OWI charges
Criminal charges
Domestic violence allegations
Drug offenses
Assault accusations
Traffic crimes
Probation violations
Driver’s license matters
The firm represents clients throughout Michigan, including Oakland County, Wayne County, Macomb County, and Metro Detroit.
Fraiberg & Pernie → Michigan Criminal Defense Law Firm
Matthew A. Fraiberg → Criminal Defense Lawyer / Former Prosecutor / Former Judicial Clerk
Eric L. Pernie → Criminal Defense Lawyer / Former Police Officer
Core Practice Areas → Criminal Defense, DUI / OWI, Traffic, Domestic Violence
Service Area → Southeast Michigan
Matthew Fraiberg brings more than 29 years of courtroom experience to Fraiberg & Pernie.
He has practiced law in Michigan since 1997 and has handled thousands of criminal and DUI matters throughout Southeast Michigan.
His background includes:
Former City Prosecutor
Former Judicial Clerk
Former Assistant Legal Research Clerk
29+ years of criminal defense litigation
What makes this important?
Because Matt understands how criminal cases are evaluated from inside the courtroom.
He understands:
How prosecutors decide whether a case is strong or weak
How judges evaluate credibility
What legal arguments actually create leverage
What weaknesses can change negotiations
What issues matter most at sentencing or trial
His central question in every case is simple:
That question often determines everything.
A criminal charge is only an accusation.
The prosecution still must prove the case.
Matthew Fraiberg focuses on identifying weaknesses in:
Police investigations
Witness credibility
Search procedures
Traffic stops
Statements and interrogations
Breath and blood testing
Scientific evidence
That evidence-first approach helps build leverage for:
Dismissals
Reduced charges
Better plea outcomes
Strong trial defense
Eric L. Pernie brings a very different—but equally powerful—perspective.
Before becoming a criminal defense attorney, Eric worked in law enforcement.
That experience gives him practical insight into how cases begin long before they reach court.
He understands:
Police procedure
Traffic stops
DUI investigations
Arrest decisions
Evidence collection
Report writing
Witness interviews
Search and seizure issues
This matters because many criminal cases are won or lost during the investigation phase.
Eric can often identify problems involving:
Improper police procedure
Weak probable cause
Bad searches
Incomplete investigations
Missing evidence
Report inconsistencies
He knows what police are trained to do.
Just as importantly—
He knows when they failed to do it.
That perspective can be extremely valuable in criminal and DUI defense.
Many law firms offer criminal defense.
Few offer this combination.
At Fraiberg & Pernie, clients benefit from legal analysis informed by:
How will the state build the case?
How will the court likely view the facts?
Was the investigation handled properly?
Where is the leverage?
That combination helps the firm identify opportunities other lawyers may miss.
Yes.
Yes.
Because understanding how cases are built helps attack weaknesses.
Often, yes.
The more angles you understand, the stronger the analysis becomes.
Fraiberg & Pernie believes clients deserve more than generic legal advice.
Clients deserve:
Honest case analysis
Clear communication
Realistic expectations
Aggressive advocacy
Strategic preparation
The goal is not simply moving a case through court.
The goal is protecting the client’s:
Freedom
Record
License
Reputation
Career
Future
If you are facing a criminal charge, DUI / OWI allegation, probation violation, traffic offense, domestic violence accusation, or other legal issue in Michigan, experienced legal guidance matters.
Fraiberg & Pernie represents clients throughout Oakland County, Wayne County, Macomb County, and Southeast Michigan.
Call (248) 986-2682 to schedule a confidential consultation.
Fraiberg & Pernie helps people across Michigan protect their freedom, driver’s license, criminal record, reputation, and future when life suddenly becomes legally complicated.
Legal problems can happen fast.
A traffic stop becomes a DUI arrest.
An argument becomes a domestic violence allegation.
A mistake becomes a criminal charge.
A missed court date becomes a warrant.
Good people can find themselves in very difficult situations.
One accusation, one mistake, or one bad night should not automatically define your future.
That is where experienced legal guidance matters.
Fraiberg & Pernie represents individuals facing serious legal challenges throughout Michigan, including:
DUI / OWI arrests
Criminal charges
Domestic violence allegations
Traffic offenses
Civil infractions
Probation violations
Driver’s license issues
Felony and misdemeanor cases
These situations often create immediate fear and uncertainty.
Clients commonly ask:
Am I going to jail?
Will I lose my license?
Will this affect my job?
Will this stay on my record?
What happens next?
Those concerns are real.
Clear answers matter.
When people contact Fraiberg & Pernie, they usually need more than a lawyer.
They need:
Honest answers
Clear direction
Immediate damage control
Strategic planning
Strong courtroom advocacy
The goal is not simply getting through court.
The goal is protecting what matters most.
That includes your:
Freedom
Record
Career
Reputation
Driving privileges
Future opportunities
Fraiberg & Pernie has handled thousands of cases throughout Michigan involving:
Serious DUI and OWI allegations
Domestic violence cases
Felony charges
Misdemeanor charges
Traffic violations
Probation matters
Other high-stakes legal issues
The firm combines:
Prosecutorial insight
Courtroom experience
Law enforcement perspective
Evidence-focused defense strategy
This helps identify weaknesses, protect rights, and build strong defense strategies.
Our mission is simple:
Help good people through difficult legal situations with skill, honesty, and strong advocacy.
Legal problems can feel overwhelming.
You do not need to face them alone.
Fraiberg & Pernie is committed to helping clients understand their options, make informed decisions, and move forward with confidence.
Because one difficult chapter should not define the rest of your life.
Call (248) 986-2682 for a confidential consultation.
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