Michigan DUI Lawyer | OWI Defense Attorneys Serving Oakland, Wayne, Macomb & Southeast Michigan
Quick Answer: What Should You Do After a DUI Arrest in Michigan?
If you were arrested for DUI, OWI, High BAC, Super Drunk, drugged driving, or chemical test refusal in Michigan, do not assume the case is over because of a breath or blood result.
Many Michigan DUI cases improve through early investigation and aggressive defense involving:
Traffic stop challenges
Probable cause review
Field sobriety testing analysis
Datamaster breath test challenges
Blood testing review
Constitutional defense motions
The first days after arrest can significantly affect your:
Driver’s license
Criminal record
Employment
Professional license
Insurance rates
Freedom
Future opportunities
Michigan DUI lawyer Matthew A. Fraiberg of Fraiberg & Pernie is a former prosecutor, former judicial clerk, and criminal defense attorney with more than 28 years of experience defending OWI and DUI cases throughout Michigan.
Arrested for DUI in Michigan?
If you are like most people who call our office after an arrest, the same questions are racing through your mind:
Am I going to jail?
Will I lose my license?
Can this be reduced?
Can this be dismissed?
Will this affect my job?
How bad is this really?
These concerns are understandable.
A DUI arrest can feel overwhelming because everything suddenly feels uncertain.
But here is one of the most important things to understand:
An arrest is not a conviction.
A police report is not proof.
A breath test number is not the entire case.
Too many people assume a high BAC means there is nothing to fight.
That assumption is often wrong.
The Biggest Misconception in Michigan DUI Cases
One of the most common mistakes I see is this:
“I blew over 0.08, so there’s no defense.”
Not necessarily.
Yes, chemical testing matters.
Sometimes it matters a lot.
But DUI cases are frequently decided by something much bigger:
Evidence quality, police procedure, and constitutional legality.
The real questions often include:
Was the stop legal?
Did police actually have reasonable suspicion?
Was there probable cause for arrest?
Were field sobriety tests administered correctly?
Was the Datamaster properly calibrated?
Was blood evidence collected and preserved correctly?
Does the video support the officer’s written report?
These questions often create leverage.
And leverage changes outcomes.
What I See Repeatedly in Michigan DUI Cases
After decades defending DUI cases across Michigan, one pattern appears again and again.
I review reports describing:
Then I watch the body camera footage.
Sometimes the video supports the report.
Sometimes it doesn’t.
And sometimes the difference is dramatic.
That doesn’t automatically mean an officer acted dishonestly.
It often means something simpler:
Police observations are still human observations.
They can be affected by:
Assumptions
Confirmation bias
Stress
Limited visibility
Incomplete context
Once an officer suspects intoxication, normal behavior may suddenly look incriminating.
That is why objective evidence matters so much.
The central question in many DUI cases becomes:
What does the evidence actually prove?
That question drives everything.
Michigan DUI Charges Explained
Michigan uses several DUI-related charges.
The charge depends on BAC, impairment evidence, prior record, and surrounding circumstances.
OWI — Operating While Intoxicated
OWI is Michigan’s primary DUI charge.
It usually involves:
Most people call this DUI.
Michigan law usually calls it OWI.
OWVI — Operating While Visibly Impaired
OWVI is generally a reduced DUI-related offense.
Unlike OWI, it focuses more on visible impairment than BAC.
It may carry lower penalties than OWI but still creates serious consequences.
High BAC / Super Drunk
High BAC typically involves:
Potential consequences include:
These cases often receive closer scrutiny.
Felony DUI
A DUI may become a felony when involving:
Third-offense OWI
Serious injury accident
Fatal crash
Prior felony DUI history
Felony exposure dramatically increases long-term risk.
Drugged Driving / Marijuana OWI
Michigan DUI charges are not limited to alcohol.
Police also arrest drivers for alleged impairment involving:
These cases often involve highly technical evidence.
What Should You Do Immediately After a DUI Arrest?
The first 72 hours matter more than most people realize.
If arrested:
Do This
Avoid This
Many poor DUI outcomes happen after the arrest.
Those mistakes are preventable.
Will You Lose Your Driver’s License?
Possibly.
Michigan DUI cases can trigger consequences through:
Criminal Court
and
Michigan Secretary of State
Potential consequences include:
License suspension
Restricted license
Ignition interlock
Revocation
Insurance increases
Many people overlook one critical issue:
Implied Consent / Chemical Test Refusal
If you refuse a post-arrest chemical test, Michigan may impose severe administrative penalties.
Deadlines move fast.
Immediate action matters.
Special DUI Situations in Michigan
CDL Drivers
Commercial drivers face additional consequences.
A DUI may threaten:
Even off-duty DUI arrests can affect commercial driving status.
Under 21 DUI / Zero Tolerance
Drivers under 21 face special laws.
Even small amounts of alcohol can trigger penalties.
Consequences may include:
Will You Go to Jail?
Not always.
Many first-offense DUI defendants avoid incarceration.
That surprises people.
Jail becomes more likely when cases involve:
High BAC
Repeat offenses
Injury accidents
Children in vehicle
Probation violations
Aggravating facts
Early representation can significantly improve sentencing outcomes.
Why Court Location Matters in Michigan
This is huge.
Michigan DUI law is statewide.
Court culture is local.
That means identical DUI arrests can produce very different outcomes depending on where the case is filed.
Oakland County DUI Cases
Often involve:
Wayne County DUI Cases
Often feature:
Macomb County DUI Cases
Often emphasize:
Where your case is filed may influence strategy almost as much as the charge itself.
Why Clients Choose Fraiberg & Pernie
When your freedom and future are on the line, experience matters.
Matthew A. Fraiberg brings:
28+ years criminal defense experience
Former prosecutor insight
Former judicial clerk experience
Thousands of DUI and criminal cases handled
Extensive motion and trial practice
Many lawyers begin with:
“What deal can we get?”
My approach starts somewhere else.
I ask:
What does the evidence actually prove?
I do not assume the prosecution is right.
I verify everything.
That mindset frequently reveals opportunities others miss.
Frequently Asked Questions About Michigan DUI
Can a DUI be dismissed in Michigan?
Sometimes. Dismissals may occur when major legal or evidentiary issues exist.
Can DUI charges be reduced?
Yes. Some OWI charges are reduced to OWVI.
How long does a DUI case take?
Many resolve within months, though complex cases can take longer.
Do I need a lawyer for a first DUI?
Yes. Even first-offense DUI charges can affect your license, job, and criminal record.
Can I beat a DUI if I failed the breath test?
Possibly. Breath results are important, but not always decisive.
Key Takeaways
A DUI arrest is not a conviction
Do not assume BAC decides everything
Evidence quality often determines leverage
Court assignment matters
Driver’s license consequences matter
Early mistakes can hurt your case
Early defense strategy can change outcomes
The first decisions after arrest often shape the final result.
Speak With a Michigan DUI Lawyer Today
If you are facing DUI or OWI charges anywhere in Michigan, your case is already moving.
Evidence is being preserved—or lost.
License consequences may already be developing.
Prosecutors are already evaluating the case.
The sooner your defense begins, the more options you may have.
Call Fraiberg & Pernie at (248) 986-2682 for a confidential consultation.
Call Fraiberg & Pernie at (248) 986-2682 today for a confidential consultation.
