Fraiberg & Pernie Case Results

Michigan DUI & Criminal Defense Case Results — Real Outcomes Across Courts

Criminal and DUI charges in Michigan are often built on assumptions about testing, police reports, and initial observations. These examples show how outcomes can change when the underlying evidence is examined closely.

Fraiberg & Pernie represents clients throughout Oakland County, Wayne County, Macomb County, and surrounding areas. Many of the results below were achieved by identifying issues in testing procedures, legal standards, or factual gaps—and addressing them early in the case.

Each case is different, but these results illustrate how careful analysis can influence the direction of a case.

Selected DUI & OWI Case Results

OWI Reduced to Careless Driving — Medical Condition Impacted Test (.08 BAC)

48th District Court – Bloomfield Township

An 82-year-old client was charged with OWI following a .08 BAC result. The client had diabetes, a condition that can affect breath testing and produce symptoms similar to impairment.

By focusing on how the medical condition could influence the test result and overall observations, the defense raised questions about the reliability of the evidence.

Outcome: Charge reduced to Careless Driving, avoiding an OWI conviction and related license penalties.

High BAC Reduced to Impaired Driving — Breath Test Reliability Challenged (.17)

16th District Court – Livonia

A client faced a High BAC charge after a .17 result. The client had documented GERD and acid reflux, both of which can interfere with breath test accuracy.

Medical documentation and procedural concerns were presented, shifting how the evidence was evaluated.

Outcome: Reduced to Impaired Driving, avoiding enhanced High BAC penalties.

OWI Dismissed — Traffic Stop Found Invalid

52-4 District Court – Troy

Police alleged the client was weaving within the lane. Dashcam footage showed no lane departure or clear violation.

A motion challenged the legal basis for the stop. Without probable cause, the case could not proceed.

Outcome: Evidence suppressed and OWI charge dismissed.

OWI Reduced — Road Conditions Affected Driving and Testing

52-3 District Court – Rochester

A client lost control of their vehicle during a snowstorm and admitted to drinking earlier. Field sobriety tests were conducted on icy pavement.

The defense focused on environmental conditions affecting both driving behavior and test performance.

Outcome: Reduced to Careless Driving, eliminating alcohol-related penalties.

CDL Driver Avoided License Loss — Procedural Issue Identified

52-4 District Court – Clarkston

A commercial driver faced an OWI with a .10 BAC reading, putting their livelihood at risk.

Review of the arrest revealed that required observation procedures were not properly followed before testing.

Outcome: Reduced to Careless Driving, allowing the client to retain their CDL.

OWI Reduced — Limited Supporting Evidence

48th District Court – Bloomfield Hills

Police reported failed sobriety tests, but no video evidence supported the claim and the written report lacked detail.

Without objective confirmation, the strength of the case was reduced.

Outcome: Reduced to Impaired Driving.

High BAC Reduced — Medical Condition Affected Field Tests

17th District Court – Redford

A client with a recent knee replacement had difficulty performing balance-based sobriety tests.

Medical documentation explained the performance issues, and other evidence did not strongly support impairment.

Outcome: Reduced to Impaired Driving.

OWI Reduced — Timeline Could Not Be Established

52-1 District Court – Novi

A client was found in a parked vehicle and admitted to driving earlier, but the prosecution could not establish when the vehicle had last been operated.

Evidence suggested the vehicle had been stationary for an extended period.

Outcome: Reduced to a non-alcohol offense.

OWI Reduced — Blood Test Chain-of-Custody Issue

36th District Court – Detroit

A .12 BAC blood test formed the basis of the charge. Review of lab documentation revealed a chain-of-custody issue.

Once the reliability of the sample was questioned, the strength of the case changed.

Outcome: Reduced to Reckless Driving.

What These Results Demonstrate

While each case involves different facts, several consistent themes emerge:

• Evidence is not always as clear as it first appears
• Testing procedures can be challenged
• Medical conditions can affect results
• Legal standards must be met at every stage
• Early review often changes how a case is evaluated

DUI and criminal cases are built on evidence—and when that evidence is examined carefully, outcomes can shift.

Important Note About Case Results

Every case is unique. Past results do not guarantee a similar outcome.

These examples are provided to show how evidence, legal issues, and strategy can influence a case—not to predict results in any specific situation.

Speak With a Michigan DUI Defense Lawyer

If you are facing DUI or OWI charges, timing matters.

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

Early evaluation can help:

• Identify potential issues in the evidence
• Clarify your legal position
• Develop a strategy based on the facts of your case

Frequently Asked Questions

Can DUI charges be reduced in Michigan?
Yes. Charges are often reduced when weaknesses in evidence or procedure are identified.

What can lead to a DUI dismissal?
Common factors include unlawful traffic stops, unreliable testing, or insufficient evidence.

Do medical conditions affect DUI testing?
Yes. Conditions such as diabetes or acid reflux can impact test results.

Is jail always required for a DUI?
Not always. Outcomes depend on the facts, prior record, and how the case is handled.

Are test results always conclusive?
No. Testing can be challenged, and the prosecution must prove the case as a whole.

Bottom Line

A DUI arrest does not automatically result in a conviction. However, the way the case is handled from the beginning can significantly influence the outcome.

Acting early, preserving evidence, and understanding your legal position can make a meaningful difference.

 Call (248) 986-2682 today.

Related Michigan DUI Resources

Ultimate Guide to Michigan DUI Law
Michigan DUI Penalties
Best DUI Lawyers in Michigan

Written by Matthew A. Fraiberg
Michigan Criminal Defense Attorney
28+ years experience

What areas does Fraiberg & Pernie serve?

Fraiberg & Pernie represents clients throughout Michigan, including:

• Oakland County

• Macomb County

• Wayne County

We serve clients throughout Michigan, including, but not limited to, those in the following in Oakland County including Southfield, Novi, Troy, Pontiac, Walled Lake, Commerce Township, Waterford, Royal Oak, Rochester Hills, Farmington Hills, Hazel Park, West Bloomfield, Birmingham, Keego Harbor, Clarkston, White Lake, Ferndale, Bloomfield Township and Bloomfield Hills; Wayne County including Detroit, Livonia, Canton, Northville, Plymouth, Romulus, Dearborn, Wayne, Wyandotte, Westland, Taylor, Redford, Lincoln Park, Woodhaven, Southgate, and Allen Park; Macomb County including Warren, Sterling Heights, Shelby Township, Mount Clemens, Clinton Township, New Baltimore, Roseville, St. Clair Shores, Eastpointe, and Romeo; Livingston County including Brighton and Howell; Washtenaw County including Ann Arbor, Ypsilanti and Chelsea; Genesee County including Flint and Grand Blanc; and Lapeer County including Lapeer and Metamora.