If you were arrested for Operating While Intoxicated (OWI) or Driving Under the Influence (DUI) in Birmingham, Michigan, the criminal charge should be addressed immediately. A conviction may affect your driver’s license, employment, and criminal record. Therefore, experienced legal representation is often essential.
Fraiberg & Pernie Criminal Defense Lawyers, Matthew Fraiberg & Eric Pernie represent individuals charged with drunk driving offenses in Birmingham and throughout Oakland County. Our attorneys defend clients facing misdemeanor and felony OWI charges and guide them through every stage of the Michigan criminal court process.
Michigan law does not technically use the term “DUI” in statutes. Instead, the offense is charged as Operating While Intoxicated (OWI) under Michigan Compiled Laws §257.625. However, DUI is commonly used interchangeably with OWI.
Common alcohol‑related driving charges include:
OWI with a controlled substance
OWI causing injury or death
Second or third offense OWI
Because penalties increase with prior convictions, early legal defense may significantly impact the outcome.
In Birmingham, drunk driving arrests are commonly made by the Birmingham Police Department or other Oakland County law enforcement agencies.
Typically, the process occurs as follows:
Traffic stop based on suspected impairment
Field sobriety tests administered by police
Preliminary Breath Test (PBT)
Arrest and transport for evidential breath or blood testing
Booking and release or bond
Afterward, the case is generally scheduled in the 48th District Court, which handles criminal cases arising in Birmingham.
If charges are filed, several court hearings may occur. These hearings generally include:
First, the defendant is formally charged and advised of the allegations. Bond conditions may be imposed.
Next, the defense attorney and prosecutor discuss possible resolutions. Evidence may be reviewed and challenged.
In some cases, legal motions are filed to challenge traffic stops, breath testing procedures, or police conduct.
If the case does not resolve through plea negotiations, a bench or jury trial may occur.
Because each step presents legal opportunities, early defense strategy is often important.
OWI cases in Birmingham are typically heard in the 48th District Court, located in Bloomfield Hills. Judges currently serving in this court include:
Chief Judge Diane D’Agostini
Judge Kimberly Small
Judge Courtney Stevenson
Each judge maintains unique courtroom procedures and sentencing tendencies. Therefore, familiarity with local practices can be beneficial during OWI defense.
Penalties depend on the specific charge and prior convictions.
Possible penalties include:
Up to 93 days in jail
Fines up to $500
Driver’s license suspension
Alcohol education or treatment
Community service
Consequences may include:
Up to 180 days in jail
Mandatory ignition interlock
Increased fines
Penalties may include:
Up to 1 year in jail
Mandatory license revocation
Vehicle immobilization
Because the consequences can be severe, an aggressive defense strategy is often necessary.
Several legal defenses may be considered depending on the facts of the case. These may include:
Challenging the legality of the traffic stop
Questioning field sobriety test reliability
Challenging breath or blood test procedures
Investigating police conduct or protocol violations
Each case is different; therefore, evidence must be carefully analyzed.
OWI charges involve complex legal and scientific issues. For example, breath testing machines must be properly calibrated, and police officers must follow strict procedures.
Therefore, experienced defense attorneys often examine:
police reports
dashcam footage
body camera recordings
breath test maintenance records
laboratory reports
As a result, weaknesses in the prosecution’s case may sometimes be identified.
If you were charged with OWI or DUI in Birmingham, Michigan, legal guidance should be obtained as soon as possible. Early intervention may improve case outcomes.
Fraiberg & Pernie Criminal Defense Lawyers represent clients throughout Oakland County and defend individuals facing serious drunk driving allegations.
Contact our office today to schedule a confidential consultation.
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.
For most drivers, the legal limit is 0.08 BAC. However, drivers under 21 may face charges with any measurable alcohol under Michigan’s Zero Tolerance law.
License sanctions depend on the charge and prior convictions. However, some drivers may qualify for restricted licenses or ignition interlock programs.
In certain cases, an OWI may be negotiated to a lesser charge such as Operating While Visibly Impaired (OWVI). However, reductions depend on the evidence and prosecutorial discretion.
Yes. Early legal representation often allows evidence to be reviewed and potential defenses to be developed before court proceedings advance.
