What to Expect and How Fraiberg & Pernie Can Help
Being arrested for Operating While Intoxicated (OWI) in Oakland County, Michigan is overwhelming, especially if it is your first contact with the criminal justice system. Between strict local court practices and the risk to your driver’s license, employment, and record, what you do in the first few days can shape the outcome of your case.
At Fraiberg & Pernie, we defend OWI cases across Oakland County every week and understand how each court and judge tends to handle these charges.
What Is an OWI in Michigan?
In Michigan, you can be convicted of OWI if your Blood Alcohol Content (BAC) is 0.08 or higher, or if the police can prove that alcohol or drugs substantially affected your ability to operate a vehicle safely. “Operating” does not only mean driving down the road; being in actual physical control of a vehicle, even if it is parked or not running, can still lead to an OWI charge.
Related drunk and drugged driving charges include OWVI (Operating While Visibly Impaired) and High BAC “Super Drunk” offenses when the BAC is 0.17 or higher. These distinctions matter because they carry different penalties, license consequences, and negotiation possibilities in court.
Why Oakland County OWI Cases Are Different
Oakland County is known for aggressive enforcement of drunk and drugged driving laws and for courts that closely supervise defendants from the very beginning of a case. If your case is in courts such as the 48th District Court (Birmingham, Bloomfield Hills, West Bloomfield) or the 52-4 District Court (Troy, Clawson), you are entering what many lawyers consider “strict sentencing” courts.
Judges in these courts often require intensive pre‑trial conditions, such as daily preliminary breath tests (PBTs), alcohol tether, or frequent random testing as bond conditions. Some judges are also known for a “jail first” philosophy, meaning they may consider a jail sentence even for a first OWI if the court does not see early evidence of treatment, sobriety monitoring, and a genuine plan to address alcohol use.
Step‑by‑Step: The OWI Process in Oakland County
Understanding the typical sequence of an OWI case can help you plan your next moves.
1. Traffic Stop and Investigation
Most OWI cases start with a traffic stop for alleged speeding, lane violations, or equipment issues, or at times following a crash. Officers quickly begin documenting observations such as odor of alcohol, bloodshot eyes, slurred speech, and driving behavior to build probable cause.
You may be asked to perform standardized field sobriety tests and a roadside breath test, which officers use to decide whether to arrest you. How you perform on these tests—and whether they were administered correctly—often becomes central to your defense.
2. Arrest, Booking, and Chemical Testing
If the officer believes there is probable cause, you will be arrested and taken for formal chemical testing of your breath or blood. Michigan’s implied consent law requires licensed drivers to submit to an evidentiary breath, blood, or urine test, and refusing can trigger a separate license sanction on top of the OWI case.
After fingerprints, photographs, and processing, you may be held until sober or until you can post bond or are released on your own recognizance, depending on the circumstances and court. The police report, dash‑cam, and body‑cam recordings created during this stage later become critical evidence to review for errors or constitutional violations.
3. Arraignment and Bond Conditions
Your first court appearance is typically an arraignment, where you are formally advised of the charges, potential penalties, and your rights. The judge or magistrate will set bond and conditions, which often include no alcohol, random testing, and possibly travel restrictions.
In Oakland County, bond conditions in OWI cases are often more intensive than in many other parts of Michigan, with some courts ordering daily PBTs, SCRAM or TAD alcohol tethers, or frequent drug and alcohol screens even before any conviction. Having counsel before or at the arraignment allows you to argue for reasonable bond terms and avoid overly burdensome conditions that can interfere with work, childcare, and daily life.
4. Pretrial Conferences and Negotiations
After arraignment, your case will move into the pretrial phase, where your attorney meets with the prosecutor and the court to address evidence, motions, and potential resolutions. This is where legal challenges may be raised, such as whether the initial stop was lawful, whether field sobriety tests were properly given, or whether breath or blood testing equipment was calibrated and operated correctly.
In many Oakland County courts, prosecutors will evaluate whether a reduction to OWVI or another resolution is appropriate based on factors such as BAC level, prior record, accident involvement, and early treatment efforts. A strong, case‑specific defense strategy can create leverage to negotiate a better outcome or position your case for trial where necessary.
5. Motions and Evidentiary Hearings
If there are constitutional or evidentiary issues, your attorney may file motions to suppress evidence or to challenge aspects of the prosecution’s case. These hearings can address topics such as illegal stops, improper arrests, violations of Miranda rights, or unreliable test results.
Winning key motions can exclude damaging evidence or even result in dismissal of charges, which is why careful technical review of every part of the investigation is so important. Even when motions do not lead to dismissal, they can strengthen your negotiating position and sometimes lead to reduced charges or improved sentence agreements.
6. Plea or Trial
Most OWI cases resolve through negotiated pleas, amended charges, or sentencing agreements, but trial is always an option if you and your attorney decide it is in your best interest. At trial, the prosecution must prove every element of the offense beyond a reasonable doubt, and your lawyer can challenge the reliability of testing, officer observations, and any alleged driving errors.
Choosing between plea and trial involves weighing evidence, the tendencies of your assigned judge and prosecutor, and the likely sentencing outcomes in your specific court. An attorney who regularly appears in Oakland County OWI courts can help you understand what to realistically expect in each scenario.
7. Sentencing and Probation
If you are convicted or plead guilty, the case moves to sentencing, where the judge will consider statutory penalties, your prior record, the facts of the incident, and your efforts at treatment or rehabilitation. A first‑offense OWI in Michigan is a misdemeanor punishable by up to 93 days in jail, fines, costs, probation, and a mandatory driver’s license suspension followed by a restricted period.
In Oakland County, judges often impose structured probation terms such as treatment programs, Alcoholics Anonymous or other support meetings, random testing, community service, and strict compliance reviews. Strong preparation—including letters of support, proof of counseling, and a clear recovery plan—can make a meaningful difference at sentencing.
Potential Penalties and License Consequences
OWI penalties in Michigan escalate significantly with each subsequent offense and with higher BAC levels. Even a first offense can include jail exposure, substantial fines and costs, probation, and mandatory license sanctions.
In addition to criminal penalties, the Secretary of State may impose separate license suspensions or restrictions and, in some circumstances, require ignition interlock devices. For Concealed Pistol License (CPL) holders, an OWI can also trigger suspension or revocation of firearm privileges, which is why it is important to build a strategy that addresses both criminal and CPL consequences from day one.
Why Work with Fraiberg & Pernie on an Oakland County OWI?
Matthew A. Fraiberg of Fraiberg & Pernie is widely recognized for defending OWI, High BAC “Super Drunk,” and related DUI offenses throughout Oakland County. For more than 28 years, he has represented thousands of clients in drunk driving and criminal cases, building a reputation for court‑specific strategies tailored to the expectations of Oakland County judges and prosecutors.
Fraiberg & Pernie appears regularly in key Oakland County district courts, including the 48th District Court, 52‑4 District Court, and other courts handling OWI charges in communities such as Birmingham, Bloomfield Hills, Troy, Royal Oak, and Novi. The firm’s approach focuses on protecting driving privileges, identifying weaknesses in the prosecution’s evidence, and presenting proactive treatment and compliance plans that resonate with local courts.
What to Do Now if You Have an OWI in Oakland County
If you or a loved one has been arrested for OWI in Oakland County, acting quickly can help protect your license, limit bond conditions, and preserve critical evidence. Do not assume that a breath or blood test result means the case is unwinnable; issues with the stop, testing, and procedures can significantly change your options.
Fraiberg & Pernie offers strategic, court‑focused OWI defense for people facing charges across Oakland County and Southeast Michigan. To discuss your case, your court, and your next steps, contact Fraiberg & Pernie today to schedule a confidential consultation 248-986-2682.
Written by Matthew A. Fraiberg, Criminal Defense Attorney at Fraiberg & Pernie
