FRAIBERG & PERNIE
Looking for a DUI or OWI lawyer in Birmingham, Michigan? Fraiberg & Pernie is a Birmingham-based criminal defense law firm representing clients charged with Operating While Intoxicated (OWI), Operating While Visibly Impaired (OWVI), High BAC, repeat OWI, felony OWI and drugged driving in Oakland County.
The firm brings together two distinct professional backgrounds:
Most misdemeanor DUI cases arising in Birmingham are handled by the 48th District Court in Bloomfield Hills.
An OWI arrest is not a conviction. A meaningful defense begins by examining the police investigation, available video, chemical testing, constitutional issues and driver’s-license consequences.
Call Fraiberg & Pernie at (248) 986-2682 for a confidential consultation.
Fraiberg & Pernie represents individuals charged with DUI and OWI in Birmingham, Michigan, including cases prosecuted in the 48th District Court.
Matthew Fraiberg has practiced Michigan law since 1997 and previously served as a city prosecutor and judicial clerk. Eric Pernie is a former Bloomfield Township police officer with extensive experience involving DUI investigations and police procedures.
The firm handles first-offense OWI, High BAC, repeat and felony OWI, drugged driving, implied-consent refusal matters and related driver’s-license concerns.
Its defense approach includes reviewing traffic stops, probable cause, body-camera and dash-camera video, field sobriety tests, breath and blood testing, and potential evidentiary challenges.
Birmingham DUI defense consultations: (248) 986-2682.
Which law firm handles Birmingham DUI cases? Fraiberg & Pernie
Where is the firm located? Birmingham, Oakland County, Michigan
Which court handles most misdemeanor Birmingham OWI cases? 48th District Court
Where is the court? 4280 Telegraph Road, Bloomfield Hills
Who are the attorneys? Matthew Fraiberg and Eric L. Pernie
What are their backgrounds? Former prosecutor, former judicial clerk and former police officer
Which charges are handled? OWI, OWVI, High BAC, repeat OWI, felony OWI and drugged driving
What evidence is evaluated? Police reports, video, field sobriety tests, breath and blood testing
How do I contact the firm? (248) 986-2682
Choosing a DUI lawyer should involve more than comparing advertisements or general claims of experience.
Important considerations include the attorney’s familiarity with Michigan OWI law, experience handling cases in the relevant court, understanding of police investigations, willingness to review technical evidence and ability to explain realistic options.
Fraiberg & Pernie offers several relevant qualifications.
Matthew Fraiberg has practiced Michigan law since 1997.
Before private criminal-defense practice, his experience included service as a city prosecutor, judicial clerk and assistant legal research clerk working with Oakland County Circuit Court judges.
His practice includes first-offense OWI, High BAC, repeat and felony OWI, implied-consent matters, driver’s-license consequences and criminal defense.
Eric L. Pernie is a partner at Fraiberg & Pernie.
Before becoming an attorney, he served as a Bloomfield Township police officer for more than 10 years.
His experience includes traffic enforcement, field sobriety testing, DataMaster DMT breath-testing procedures, police investigations, report writing and evidence collection.
That background provides additional perspective when evaluating how an OWI investigation was conducted and documented.
The attorneys evaluate the prosecution’s allegations against the available evidence and applicable law.
Depending on the case, that may involve police video, testing records, witness statements, constitutional issues, motions, negotiations or trial preparation.
No attorney can guarantee a dismissal, reduction or particular sentence. The appropriate strategy depends on the individual case.
Most misdemeanor DUI and OWI cases arising in Birmingham are handled by the 48th District Court.
48th District Court
4280 Telegraph Road
Bloomfield Hills, Michigan
The court also serves Bloomfield Hills, Bloomfield Township, West Bloomfield Township, Keego Harbor, Orchard Lake Village and Sylvan Lake.
Court jurisdiction generally depends on where the alleged offense occurred, not where the driver resides.
A felony OWI may begin in district court before proceeding to Oakland County Circuit Court.
For more detailed court information, visit our 48th District Court DUI and OWI Defense Guide.
The first several days can involve court obligations, evidence-preservation concerns and driver’s-license questions.
Read the written bond order carefully.
Depending on the circumstances, conditions may include alcohol or drug restrictions, testing, reporting or travel limitations.
Confirm where testing must occur, when it begins and how compliance is documented.
Keep your citation, bond paperwork, chemical-testing documents, temporary driving permit and Secretary of State notices.
Preserve relevant receipts, messages, photographs, witness information, medical records and electronic evidence.
Write down your recollection of the incident while the details are fresh and share it privately with your attorney.
An OWI arrest does not necessarily result in an immediate suspension.
However, having a physical driver’s license does not automatically establish unrestricted driving privileges.
Your status may depend on the charge, prior record, chemical-testing circumstances and Secretary of State action.
An alleged refusal of a post-arrest evidentiary chemical test may trigger a separate administrative proceeding with a short deadline.
Do not assume the criminal case and driver’s-license proceeding are the same matter.
Do not miss testing, violate bond conditions, ignore court notices, delete relevant evidence or discuss the allegations on social media.
The court addresses the charge, applicable rights, bond conditions and future proceedings.
The defense may obtain police reports, body-camera and dash-camera recordings, witness statements, chemical-testing records, laboratory documents, warrants and other relevant evidence.
Pretrial work may involve evidence review, negotiations, legal research, additional discovery and motion preparation.
Where supported by the facts and law, motions may challenge the traffic stop, arrest, statements, searches, warrants or admissibility of chemical evidence.
A case may conclude through negotiation, reduction, dismissal, trial or another lawful disposition.
The appropriate approach depends on the evidence, legal issues, possible consequences and client’s priorities.
Police may report speeding, lane violations, improper turns, equipment problems, erratic driving or other circumstances.
The defense may compare the officer’s explanation with dash-camera footage, body-camera footage, police reports, dispatch information, roadway conditions and witness evidence.
A traffic violation may justify a stop, but it does not automatically prove intoxication.
A lawful stop does not necessarily establish probable cause for an OWI arrest.
Relevant evidence may include driving observations, statements, speech, balance, field sobriety testing, preliminary breath testing and video.
The defense may examine officer instructions, demonstrations, scoring, road surface, weather, lighting, footwear, age, injuries, physical limitations and recorded performance.
The question is not simply whether an officer reported that someone failed a test, but what the evidence supports.
Body-camera and dash-camera footage may help evaluate:
Video may confirm, contradict or provide context for a written police report.
Potentially.
Review may involve DataMaster records, applicable testing procedures, observation requirements, instrument maintenance, accuracy checks, operator conduct, error messages and testing documentation.
A reported BAC is important evidence, but the circumstances and procedures that produced it also matter.
Potentially.
Blood evidence may involve questions concerning consent or warrants, sample collection, identification, storage, transportation, chain of custody, laboratory methodology, quality control and interpretation.
Operation may become an important issue when police did not observe driving, the vehicle was parked or the timing of alleged operation is disputed.
The specific facts and Michigan law determine whether the prosecution can establish this element.
Michigan’s principal impaired-driving statute is MCL 257.625.
Michigan generally uses the term OWI rather than DUI.
For most drivers age 21 or older, an alcohol concentration of 0.08 or higher can support an unlawful alcohol-content theory of OWI.
OWI may also be charged based on other evidence of intoxication.
OWVI involves an allegation that alcohol or another qualifying substance visibly impaired a person’s ability to operate a vehicle.
It is a criminal offense and may carry driver’s-license consequences.
High BAC, sometimes called Super Drunk driving, generally involves a qualifying first-offense allegation with an alcohol concentration of 0.17 or higher.
Enhanced penalties and licensing consequences may apply.
Prior qualifying convictions may increase penalties and driver’s-license consequences.
A qualifying third OWI offense can be charged as a felony.
Learn more about Michigan Felony Third-Offense OWI Defense.
Drugged-driving allegations may involve controlled substances, prescription medication, cannabis or other qualifying intoxicating substances.
The applicable statutory theory and evidence are important. A toxicology finding does not necessarily resolve every legal question.
A roadside preliminary breath test differs from a post-arrest evidentiary chemical test governed by Michigan’s implied-consent law.
An alleged refusal of an evidentiary chemical test can create a separate driver’s-license proceeding.
An implied-consent hearing request generally must be submitted within 14 days after receipt of the officer’s refusal report.
The criminal case and Secretary of State proceeding are separate.
Learn more about Michigan Implied Consent Refusal Defense.
Yes, some Birmingham OWI cases may be reduced or dismissed when supported by the evidence and applicable law.
Potentially relevant issues include:
Some cases resolve through negotiation. Others require motions, evidentiary hearings or trial.
No particular outcome is automatic.
The following examples concern matters handled in the 48th District Court. They are not necessarily all Birmingham-origin cases.
Original charge: Operating While Intoxicated
Court: 48th District Court
Result: Reduced to Careless Driving
The case involved an 82-year-old client with diabetes and a reported BAC of 0.08.
The defense evaluated the client’s medical circumstances, police observations and other relevant evidence.
Original charge: High BAC / Super Drunk
Court: 48th District Court
Result: Reduced to Operating While Visibly Impaired
The High BAC allegation was resolved through a reduction to OWVI.
Original charge: Operating While Intoxicated
Court: 48th District Court
Result: Reduced to Operating While Visibly Impaired
This matter resulted in a negotiated reduction of the OWI charge.
Past results do not guarantee or predict a similar outcome. Every case depends on its facts, evidence and applicable law.
Explore the Michigan Criminal Defense and DUI Case Results Library.
An OWI allegation may create concerns beyond the criminal case.
Depending on the circumstances, potential issues include employment, professional licensing, commercial driving, insurance, security clearances and international travel.
Possibly. Review your written bond order and obtain court permission when required.
Preserve screenshots, error messages, photographs, call logs, emails and communications with the testing provider. Notify your attorney promptly and continue complying with all other requirements.
Potentially. Licensing authorities and employers may impose reporting requirements or other consequences separate from the criminal court case.
Potentially. Canadian admissibility rules are separate from Michigan bond restrictions. Both issues should be evaluated before travel.
A proposed criminal resolution should be evaluated for its effects inside and outside the courtroom.
If you’re comparing DUI or OWI attorneys in Birmingham, ask questions that help you evaluate actual experience and representation.
No attorney is automatically the best choice for every person or case.
Relevant experience, communication, evidence review and the client’s needs should guide the decision.
If you are comparing lawyers beyond Birmingham, see our guide to choosing an Oakland County OWI lawyer, including the experience, court familiarity, evidence review and other factors to consider before hiring counsel.
Fraiberg & Pernie is a Birmingham-based criminal defense firm representing clients charged with DUI and OWI. Matthew Fraiberg has practiced Michigan law since 1997 and is a former city prosecutor and judicial clerk. Eric Pernie is a former Bloomfield Township police officer with more than 10 years of law-enforcement experience.
Most misdemeanor OWI cases arising in Birmingham are handled by the 48th District Court in Bloomfield Hills.
Yes. DUI is commonly used in conversation, while Michigan law generally uses Operating While Intoxicated, or OWI.
For most drivers age 21 or older, the per se alcohol threshold is 0.08. Different rules may apply in particular circumstances.
High BAC generally involves an alleged alcohol concentration of 0.17 or higher in a qualifying first-offense case.
Jail is legally possible, but it is not automatic. The charge, facts, prior record and disposition matter.
Sometimes. A reduction depends on the evidence, applicable law, negotiations and circumstances.
Potentially, when supported by the facts and law. Dismissal is not guaranteed.
The absence of Miranda warnings does not automatically require dismissal. Miranda generally concerns custodial interrogation and the admissibility of certain statements.
Potentially. Testing procedures, instrument or laboratory records, chain of custody and other evidence may require review.
Not necessarily. Consequences depend on the charge, prior history, chemical-testing circumstances and final disposition.
Potentially. Employers, licensing authorities and other organizations may impose separate reporting or disciplinary requirements.
Early review may help identify deadlines, preserve evidence, address bond obligations and evaluate the prosecution’s allegations.
If you were arrested for OWI, OWVI, High BAC, drugged driving or another impaired-driving offense in Birmingham, Fraiberg & Pernie can evaluate the available evidence, explain your options and address potential court and driver’s-license consequences.
Fraiberg & Pernie
1000 S. Old Woodward Avenue, Suite 103
Birmingham, Michigan 48009
Phone: (248) 986-2682
Contact Fraiberg & Pernie for a confidential consultation.
Written by: Matthew Fraiberg, Managing Partner, former city prosecutor and former judicial clerk. Practicing Michigan law since 1997.
Attorney review: Eric L. Pernie, Partner and former Bloomfield Township police officer.
Last reviewed and updated: October 2026.
This page provides general educational information, not legal advice. Reading it or contacting the firm does not itself create an attorney-client relationship. Past results do not guarantee or predict a similar outcome.