Best OWI | DUI Lawyers in Michigan

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, OWVI, High BAC, drugged driving, or an alleged chemical-test refusal in Michigan, do not assume the case is decided simply because police obtained a breath or blood result.

A Michigan OWI case may involve several separate issues:

• The legality of the traffic stop

• Reasonable suspicion

• Probable cause for arrest

• Field sobriety testing

• Preliminary breath testing

• Datamaster breath testing

• Blood collection and laboratory analysis

• Body-camera and dash-camera footage

• Constitutional protections

• Bond conditions

• Driver’s-license consequences

• Michigan Secretary of State procedures

The outcome of a Michigan OWI case may depend on early investigation, preservation of evidence, review of the traffic stop and arrest, scientific testing, constitutional issues, and the procedures of the court handling the case.

A DUI arrest can affect your:

• Driver’s license

• Criminal record

• Employment

• Professional license

• Insurance

• Freedom

• Reputation

• Future opportunities

Matthew A. Fraiberg of Fraiberg & Pernie is a Michigan criminal defense attorney, former city prosecutor, and former judicial clerk who has practiced criminal law since 1997.

His approach begins with one question:

What does the evidence actually prove?

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

Michigan DUI Defense at a Glance

Law Firm: Fraiberg & Pernie
Attorney: Matthew A. Fraiberg
Practice Area: Michigan DUI / OWI Defense
Experience: Practicing Michigan criminal law since 1997
Background: Former City Prosecutor • Former Judicial Clerk
Regions Served: Oakland County, Wayne County, Macomb County and Southeast Michigan
Common Charges: OWI, OWVI, High BAC, repeat OWI, felony OWI, drugged driving, Implied Consent matters
Defense Focus: Traffic stop, probable cause, video, field sobriety testing, breath and blood evidence, constitutional issues and license consequences

Arrested for DUI in Michigan?

The first questions people ask after an arrest are usually not complicated legal questions.

They sound more like this:

• Am I going to jail?

• Can I still drive?

• Will I lose my job?

• How long will this take?

• Can this be reduced?

• Can this be dismissed?

• Will my employer find out?

• Can I travel?

• Is my life going to change permanently?

Those concerns are understandable.

An OWI arrest can create immediate uncertainty.

But three things are important to remember:

An arrest is not a conviction.

A police report is not the complete evidence.

A breath or blood result should not be evaluated in isolation.

The case should be investigated before conclusions are reached.

The Biggest Misconception About Michigan DUI Cases

One of the most common things clients say is:

“I was over 0.08. What is there to fight?”

The answer depends on the facts.

Chemical testing can be very important evidence.

But an OWI prosecution involves more than a number.

Questions may include:

• Why was the vehicle stopped?

• Did the officer have reasonable suspicion?

• Was there probable cause to arrest?

• Were field sobriety exercises administered properly?

• Does body-camera footage match the police report?

• Was the breath-testing equipment functioning properly?

• Were observation procedures followed?

• Was blood collected, preserved and tested correctly?

• Were constitutional protections respected?

• Can the prosecution prove the required elements of the charge?

A chemical-test result is part of the case.

It is not the entire case.

What Matthew Fraiberg Has Learned From Reviewing Michigan OWI Cases

Matthew Fraiberg has practiced criminal law since 1997.

One pattern repeatedly matters in OWI defense:

objective evidence should be compared with the written allegations.

Police reports may describe:

• Slurred speech

• Poor balance

• Red or glassy eyes

• Confusion

• Difficulty following instructions

• Unsafe driving

• Poor field sobriety performance

The next step is to review the available video and supporting evidence.

Sometimes the recording closely matches the report.

Sometimes it provides additional context.

Sometimes relevant details look different.

That does not automatically mean the officer was dishonest.

Police observations are still human observations.

Lighting, stress, fatigue, road conditions, anxiety, medical issues and the circumstances of the encounter may all affect what an officer sees and how the event is later described.

The defense should therefore compare:

• Police reports

• Video

• Witness statements

• Testing documentation

• Scientific evidence

• The timeline of events

The question remains:

What does the evidence actually prove?

What Happens During the First 72 Hours After a Michigan DUI Arrest?

The first few days can involve several issues at once.

Possible developments include:

• Booking and release

• Arraignment

• Bond

• Alcohol or drug restrictions

• Testing

• Court scheduling

• Driver’s-license paperwork

• Requests for police video

• Employment concerns

• Travel restrictions

This is also a good time to preserve evidence.

Potential evidence may include:

• Receipts

• Text messages

• Photographs

• Phone records

• GPS or location information

• Witness contact information

• Medical information

• Surveillance footage

• Dash-camera recordings

Do not delete information that may be relevant.

What Happens During the First Week?

The first week often involves learning what the case actually requires.

Important tasks may include:

• Reviewing the bond order

• Confirming alcohol or drug testing

• Identifying travel restrictions

• Determining driver’s-license status

• Requesting police reports

• Preserving body-camera footage

• Gathering witness information

• Reviewing any implied-consent documents

• Identifying employment or licensing concerns

Many avoidable problems arise because someone simply misunderstood what the court required.

When something is unclear, get clarification.

What Happens During the First Month?

By this point, the defense may begin receiving and reviewing discovery.

That may include:

• Police reports

• Videos

• Dispatch recordings

• Breath-test records

• Blood-test records

• Laboratory documents

• Witness statements

• Datamaster records

• Search warrants

• Booking records

The first month is often when the defense begins determining whether the case involves:

• Factual disputes

• Constitutional issues

• Scientific questions

• Negotiation opportunities

• Motion practice

• Trial issues

There is no single timeline for every Michigan OWI case.

Michigan DUI Charges Explained

Michigan uses several different impaired-driving offenses.

OWI – Operating While Intoxicated

OWI is Michigan’s primary intoxicated-driving offense.

The allegations may involve:

• Alcohol

• Controlled substances

• Intoxicating substances

• A combination of substances

Most people refer to this generally as DUI.

Michigan law typically uses the term OWI.

OWVI – Operating While Visibly Impaired

OWVI focuses on whether a person’s ability to operate a vehicle was visibly impaired.

It can carry consequences involving:

• Criminal record

• Points

• Driver’s-license restrictions

• Fines and costs

• Probation

OWVI is sometimes discussed during negotiations in OWI cases, but no reduction is automatic.

High BAC / Super Drunk

Michigan’s High BAC offense generally involves an alleged bodily alcohol content of 0.17 or higher.

Potential consequences may include:

• Increased criminal penalties

• Driver’s-license restrictions

• Ignition interlock requirements

• Additional treatment

• Testing

• Probation

A high result is significant evidence.

It should still be reviewed with the rest of the case.

Second-Offense OWI

A repeat OWI can create substantially greater consequences.

Potential concerns may involve:

• Jail exposure

• Increased probation

• Driver’s-license consequences

• Vehicle sanctions

• Treatment

• Long-term license issues

Prior-offense history should be carefully reviewed because repeat-offense classification matters.

Third-Offense Felony OWI

A third-offense OWI may be charged as a felony.

Felony OWI cases may involve:

• District-court arraignment

• Probable-cause proceedings

• Preliminary examination

• Circuit-court proceedings

• Felony sentencing exposure

• License revocation

• Long-term collateral consequences

Felony defense requires careful review of both the new allegations and the prior record used to enhance the charge.

OWI Causing Serious Injury or Death

Cases involving injury or death can result in felony charges and substantially greater exposure.

These matters may require review of:

• Accident reconstruction

• Medical evidence

• Causation

• Vehicle data

• Witnesses

• Toxicology

• Driving behavior

• Video

• Crash-scene evidence

The existence of an accident does not eliminate the prosecution’s obligation to prove every required element.

Drugged Driving and Marijuana OWI

Michigan impaired-driving cases are not limited to alcohol.

Police may investigate alleged impairment involving:

• Marijuana

• Prescription medications

• Controlled substances

• Other intoxicating substances

• Alcohol combined with drugs

These cases may depend heavily on toxicology and interpretation.

A laboratory finding that a substance is present does not always answer the separate question of whether the person was impaired at the relevant time.

What Evidence Should Be Reviewed in a Michigan DUI Case?

A thorough OWI review may include several categories of evidence.

The Traffic Stop

Questions include:

• What did the officer observe?

• Was the stop legally justified?

• Does video exist?

• Does the driving match the written description?

Field Sobriety Testing

Possible considerations include:

• Instructions

• Demonstrations

• Pavement

• Weather

• Lighting

• Footwear

• Medical conditions

• Balance issues

• Fatigue

• Anxiety

Breath Testing

A review may include:

• Datamaster records

• Equipment maintenance

• Accuracy checks

• Observation period

• Operator qualifications

• Testing sequence

• Error codes

• Sample consistency

• Mouth-alcohol concerns

Blood Testing

A blood case may involve:

• Consent or warrant

• Collection

• Tubes and preservatives

• Storage

• Chain of custody

• Laboratory procedures

• Quality-control information

• Timing

• Measurement issues

Video

Body-camera and dash-camera footage may provide evidence concerning:

• Speech

• Balance

• Coordination

• Instructions

• Officer conduct

• Field sobriety performance

• Timing

• Road conditions

No piece of evidence should be viewed in isolation when the full record is available.

What Happens to Your Driver’s License After an OWI Arrest?

Michigan OWI cases may involve driver’s-license consequences through both:

The criminal case

and

Michigan Secretary of State procedures

Potential consequences may include:

• Suspension

• Restricted driving

• Ignition interlock

• Revocation

• Points

• Separate implied-consent sanctions

The exact consequences depend on the charge, prior record, chemical testing and final resolution.

What Is Michigan Implied Consent?

Michigan’s Implied Consent law concerns certain chemical testing requested after an OWI arrest.

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

That means a person may have:

a court case

and

a separate license issue

at the same time.

Documents issued after an alleged refusal should be reviewed promptly because deadlines may apply.

What Happens if I Refuse a Roadside Preliminary Breath Test?

A roadside preliminary breath test, often called a PBT, is different from an evidentiary chemical test requested in connection with an arrest.

Different legal rules can apply.

If a refusal is alleged, review:

• Which test was requested

• When it was requested

• What the officer said

• What the driver did

• What the report says

• What the video shows

Do not assume all “breath-test refusals” mean the same thing.

What Happens if I Refuse the Post-Arrest Chemical Test?

An alleged refusal of a post-arrest chemical test may create consequences under Michigan’s Implied Consent law.

This can involve separate driver’s-license proceedings.

The criminal case and implied-consent matter should both be addressed.

Will I Go to Jail for a Michigan DUI?

Not necessarily.

The answer depends on the charge and facts.

Factors may include:

• First or repeat offense

• High BAC allegation

• Accident

• Injury

• Criminal history

• Driving history

• Bond compliance

• Evidence

• Mitigation

• Final resolution

• Sentencing court

Jail is legally possible in many OWI cases.

It is not automatic in every case.

What Happens at Arraignment?

Arraignment is generally the first formal court appearance.

The court may:

• Advise you of the charge

• Address bond

• Order alcohol restrictions

• Order testing

• Restrict travel

• Establish other conditions

• Schedule the next hearing

Bond conditions apply while the case is pending.

They are not a determination of guilt.

What Happens if I Miss or Fail an Alcohol Test?

A missed or positive test may become a separate bond issue.

Possible consequences may include:

• Additional testing

• Tighter conditions

• Bond modification

• Additional court proceedings

• Temporary incarceration

If a testing device fails or another legitimate problem occurs, preserve documentation.

That can include:

• Screenshots

• Photos

• Error codes

• Phone records

• Testing-company communications

• Proof of attempted compliance

Can I Travel for Work During a Michigan OWI Case?

Possibly.

The answer depends on the written bond order.

Before traveling, determine:

• Whether geographic restrictions apply

• Whether permission is required

• Whether testing must continue

• Whether the trip conflicts with court

• Whether international travel is permitted

Employment does not automatically modify a court order.

Can I Go to Canada After a Michigan DUI Arrest?

Possibly, but there may be two separate issues.

First, the Michigan court determines whether your bond permits international travel.

Second, Canadian authorities determine whether you are admissible to Canada.

Court permission to travel does not itself guarantee entry into Canada.

DUI Consequences for Professionals

For many clients, the most serious concern is not jail.

It is the effect of the case on a career.

Potential concerns may exist for:

• Physicians

• Nurses

• Attorneys

• Pharmacists

• Pilots

• Teachers

• Financial professionals

• Real estate professionals

• Engineers

• Commercial drivers

• Executives

• Government employees

Possible issues may include:

• Reporting obligations

• Professional discipline

• Credentialing

• Security clearances

• Employer policies

• Company vehicles

• Insurance

• International travel

These issues should be identified before entering a plea or finalizing a resolution.

CDL Drivers and Michigan DUI

Commercial drivers may face consequences beyond those imposed on ordinary license holders.

An OWI can affect:

• CDL privileges

• Employment

• Federal compliance

• Company driving policies

• Future commercial-driving opportunities

A CDL holder should evaluate the license consequences separately from the criminal sentence.

Under-21 / Zero Tolerance Cases

Michigan has special rules for drivers under age 21.

A young driver may face consequences even when the alleged alcohol level is below the standard adult OWI threshold.

Potential issues can involve:

• License restrictions

• Points

• Criminal or civil consequences

• Insurance

• School or employment concerns

Why Court Location Matters

Michigan OWI statutes apply statewide.

The procedures used in individual courts can still differ.

Different district courts may have different:

• Scheduling practices

• Bond conditions

• Testing arrangements

• Probation procedures

• Motion procedures

• Compliance expectations

That means the specific court handling the case matters.

Fraiberg & Pernie represents clients in courts throughout Southeast Michigan, including Oakland, Wayne and Macomb Counties.

Rather than treating each county as one uniform system, the defense should identify the specific district court handling the charge.

Oakland County OWI Cases

Oakland County includes numerous district courts, including courts serving areas such as:

• Birmingham

• Bloomfield Hills

• Troy

• Novi

• Rochester Hills

• Clarkston

• Royal Oak

• Farmington Hills

• Southfield

Each court may operate somewhat differently.

Wayne County OWI Cases

Wayne County includes Detroit and many suburban district courts serving communities such as:

• Livonia

• Westland

• Dearborn

• Canton

• Plymouth

• Romulus

• Redford

• Taylor

Misdemeanor and felony cases may follow different paths depending on the court and charge.

Macomb County OWI Cases

Macomb County OWI cases may arise in courts serving communities such as:

• Warren

• Sterling Heights

• Shelby Township

• Clinton Township

• Roseville

• Mount Clemens

• Fraser

Again, the specific court should be identified rather than assuming every Macomb County case follows exactly the same process.

Can a Michigan OWI Be Reduced?

Sometimes.

Potential considerations may include:

• Evidentiary weaknesses

• Traffic-stop issues

• Probable cause

• Testing problems

• Video

• Constitutional issues

• Prior history

• Negotiations

• Mitigation

No reduction is automatic.

Can a Michigan DUI Be Dismissed?

Sometimes.

A dismissal may occur when legal or evidentiary problems prevent the prosecution from proving the charge.

Potential issues may include:

• Unlawful stop

• Lack of probable cause

• Suppressed evidence

• Unreliable testing

• Constitutional violations

• Witness problems

• Insufficient proof

No ethical attorney can guarantee dismissal.

Why Clients Contact Fraiberg & Pernie

Fraiberg & Pernie focuses on criminal and OWI defense throughout Southeast Michigan.

Matthew A. Fraiberg has practiced Michigan criminal law since 1997.

His background includes:

• Former City Prosecutor

• Former Judicial Clerk

• More than 28 years of criminal-defense experience

• Extensive DUI and OWI representation

• District and circuit court experience throughout Southeast Michigan

Eric L. Pernie is a criminal defense attorney and former police officer.

His law-enforcement background provides an additional perspective when analyzing:

• Traffic stops

• Police investigations

• Arrest procedures

• Evidence collection

• Officer observations

• Report writing

The firm’s approach emphasizes:

• Evidence preservation

• Detailed discovery review

• Constitutional analysis

• Scientific testing

• Driver’s-license consequences

• Court-specific preparation

• Negotiation

• Motion practice

• Trial preparation

• Professional and employment consequences

Independent Professional Credentials

Matthew Fraiberg’s professional background can also be reviewed through independent professional organizations and attorney directories.

National College for DUI Defense

Professional organization focused on education and development in DUI defense.

State Bar of Michigan

Attorney licensing and professional-status information.

Avvo

Independent attorney profile and professional information.

Justia

Independent attorney directory containing information about Matthew Fraiberg’s Michigan criminal and DUI practice.

Martindale-Hubbell

Independent attorney credential and professional information.

Link each organization name directly to Matthew Fraiberg’s applicable profile or listing.

Frequently Asked Questions About Michigan DUI

What happens at arraignment after a Michigan DUI arrest?

The court generally advises the defendant of the charge, addresses bond and may impose conditions involving alcohol, testing, travel or other conduct.

What happens during the first week after an OWI arrest?

The first week may involve arraignment, testing, bond conditions, driver’s-license questions, evidence preservation and requests for police reports or video.

Can breath-test results be challenged?

Potentially. A breath-test review may include equipment records, procedures, observation requirements, operator qualifications, error messages and other evidence.

Can blood-test results be challenged?

Potentially. Collection, storage, chain of custody, laboratory procedure, timing and scientific interpretation may all matter.

Can body-camera footage help an OWI defense?

Yes. It may confirm, contradict or provide context for statements in the police report.

Can a physician, nurse, attorney or pilot be affected by an OWI?

Potentially. Professional reporting, licensing, credentialing or employment requirements may exist independently of the criminal court.

What happens after a second OWI?

A repeat offense may carry greater criminal, probation and driver’s-license consequences.

What happens after a third-offense OWI?

A third-offense OWI may be charged as a felony and may proceed from district court to circuit court.

Does resolving the criminal case automatically resolve my driver’s-license case?

Not necessarily. Separate Michigan Secretary of State or Implied Consent issues may remain.

How long does a Michigan DUI case take?

There is no single timeline. Some cases resolve during pretrial proceedings, while others require motions, expert review, hearings or trial.

Do I need a lawyer for a first OWI?

You have the right to represent yourself, but even a first offense can affect driving privileges, employment, insurance and a criminal record. Legal counsel can review the evidence and explain the available options.

What should I bring to my first meeting with a DUI lawyer?

Bring any police, jail, court, testing or Secretary of State documents you received. Preserve relevant photographs, videos, receipts, medical information and witness information as well.

Written and Reviewed by Matthew Fraiberg

Matthew Fraiberg
Michigan Criminal Defense Attorney
Former City Prosecutor
Former Judicial Clerk
Practicing Michigan criminal law since 1997
Member, National College for DUI Defense
Fraiberg & Pernie

Last reviewed: August 2026

Key Takeaways After a Michigan DUI Arrest

• An arrest is not a conviction.

• A BAC number is important but should not be viewed in isolation.

• The traffic stop and arrest should be reviewed.

• Video should be compared with police reports.

• Breath and blood testing may involve scientific and procedural issues.

• Bond conditions should be followed carefully.

• Driver’s-license issues may involve separate procedures.

• Professional and employment consequences should be considered early.

• The specific court handling the case matters.

• Evidence should be preserved before it disappears.

Speak With a Michigan DUI Lawyer

If you were arrested for OWI, DUI, High BAC, drugged driving, repeat OWI, felony OWI or an alleged chemical-test refusal in Michigan, determine what needs attention immediately.

Review the bond order.

Confirm the status of your driver’s license.

Preserve available evidence.

Identify court and Secretary of State deadlines.

Then evaluate the case based on what the evidence actually proves.

Fraiberg & Pernie represents individuals charged with DUI and criminal offenses throughout Oakland County, Wayne County, Macomb County and Southeast Michigan.

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

This page provides general educational information and does not create an attorney-client relationship. Every OWI case depends on its individual facts, evidence, law, court and circumstances. Past results do not guarantee future outcomes.

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