FRAIBERG & PERNIE
If you were arrested for OWI, OWVI, High BAC or drugged driving in Bloomfield Township, your case will ordinarily begin in the 48th District Court in Bloomfield Hills, Michigan. The immediate priorities are understanding your bond conditions, meeting any alcohol-testing requirements, protecting your driver’s license and preserving evidence.
Fraiberg & Pernie represents people charged with drunk and drugged driving in the 48th District Court and throughout Oakland County. The firm combines the experience of Matthew Fraiberg, a former city prosecutor and judicial clerk, with Eric Pernie, a former police officer.
Call 248-986-2682 for a confidential consultation.
Read your bond order, complete every required test, save all paperwork and avoid discussing the case online. Write down what happened while the details are fresh, but share that account only with your lawyer. If you allegedly refused a chemical test, act promptly because a separate driver’s-license deadline may apply.
An OWI defense should address two questions:
Can the prosecution prove the charge with lawful, reliable evidence?
Is the accused following every court order while the case is pending?
Strong defenses can be damaged by a missed test, unauthorized trip or missed court hearing. Compliance does not prove guilt, but it helps prevent a second problem while the original charge is being defended.
| Topic | Key information |
|---|---|
| Primary court | 48th District Court |
| Court location | Bloomfield Hills, Michigan |
| Common charges | OWI, OWVI, High BAC and drugged driving |
| Immediate concerns | Bond, testing, court dates, evidence and license deadlines |
| Important evidence | Video, police reports, test records, dispatch recordings and witnesses |
| Misdemeanor cases | Generally remain in district court |
| Felony cases | Begin in district court and may proceed to Oakland County Circuit Court |
| Defense priorities | Court compliance and independent evidence review |
The 48th District Court serves cases arising in Bloomfield Township, Birmingham, Bloomfield Hills, West Bloomfield Township, Orchard Lake Village, Keego Harbor and Sylvan Lake. Confirm the court assignment by reviewing the citation, complaint, bond paperwork or notice to appear.
The district court generally handles misdemeanor criminal and traffic cases. A felony case ordinarily begins in district court with an arraignment and probable-cause proceedings. If the felony is bound over, it continues in the Oakland County Circuit Court.
Do not assume you may drink alcohol, leave Michigan, travel internationally, change a testing schedule or miss a court appearance. The written order controls unless the court changes it.
Keep the citation, bond paperwork, temporary driving permit, testing instructions, court notice, chemical-test documents, hospital records and any Secretary of State paperwork. Photograph or scan each item.
Privately document the location and stated reason for the stop, road and weather conditions, officer instructions, statements, tests, witnesses, medical limitations and anything unusual about the arrest or chemical testing.
Potential evidence may include police body-camera and dash-camera recordings, dispatch audio, business or residential surveillance, witness video and vehicle data. Some evidence may be overwritten, so prompt preservation can matter.
An alleged refusal of a post-arrest chemical test can create a separate administrative proceeding. Do not wait for the criminal case to end before investigating the license issue.
The court advises the accused of the charge, addresses bond and schedules future proceedings. Make sure every testing, travel, reporting and no-alcohol condition is understood before leaving.
The defense may obtain police reports, videos, dispatch recordings, witness statements, breath-test records, blood and laboratory documents, photographs, warrants and other evidence. These sources should be compared rather than treating the police report as the complete story.
The lawyers review discovery, discuss disputed evidence, evaluate motions and consider possible resolutions. A proposed plea should be evaluated for its criminal, driver’s-license, employment and professional consequences.
When supported by the facts and law, motions may address the traffic stop, probable cause, statements, searches, warrants, testing procedures or preservation of evidence.
A case may end through a negotiated plea, dismissal or trial. The proper choice depends on the evidence, legal rulings, potential consequences and the client’s goals. No result should be promised before the evidence is reviewed.
| Charge | General distinction |
|---|---|
| OWI | Alleged operation while intoxicated or with a prohibited bodily alcohol content |
| OWVI | Alleged operation while visibly impaired by alcohol, drugs or another intoxicating substance |
| High BAC | Enhanced first-offense allegation involving an alcohol concentration of 0.17 or higher |
Michigan’s main impaired-driving statute is MCL 257.625.
OWVI is generally less serious than OWI, but it remains a criminal offense and may affect driving privileges, insurance, employment and future charging decisions. A High BAC allegation may carry enhanced penalties and ignition-interlock consequences, but a high reported number does not eliminate the need to review the stop, arrest and testing process.
A meaningful defense begins with evidence rather than assumptions. Important questions may include:
Did the officer have a lawful reason to stop the vehicle?
Did the total evidence establish probable cause to arrest?
Do the body-camera and dash-camera recordings support the report?
Were field sobriety tests explained and administered fairly?
Were medical conditions, injuries, footwear, weather or the testing surface relevant?
Were breath-testing procedures and instrument records reliable?
Was a blood sample properly collected, stored, transported and analyzed?
Were constitutional rights protected?
Do witnesses, dispatch recordings or private videos change the account?
A potential issue does not automatically make evidence inadmissible. Its significance depends on the facts, the supporting records and applicable Michigan law.
Potentially. A breath result may require review of the observation period, operator conduct, instrument records, maintenance, accuracy checks and the relationship between the number and other evidence.
A blood result may require review of collection, identification, storage, transportation, chain of custody, laboratory procedures, measurement uncertainty and interpretation.
The question is not simply whether a test can be criticized. The issue is whether a documented problem affects reliability, admissibility or the prosecution’s ability to prove the charge.
Drugged-driving allegations may involve marijuana, prescription medication, controlled substances or a combination of drugs and alcohol. A valid prescription may establish lawful possession, but it does not automatically prevent an impairment allegation.
The presence of a substance and proof that it impaired driving are not always the same question. A proper review may consider:
Driving behavior and officer observations
Active substances and metabolites
Reported concentrations and timing
Body-camera and dash-camera video
Field sobriety testing
Statements and witness accounts
Medical history and valid prescriptions
Collection, chain of custody and laboratory interpretation
Bond conditions vary. They may prohibit alcohol or drug use, require breath or urine testing, restrict travel, require reporting and prohibit new criminal activity. Follow the actual written order rather than relying on what happened in someone else’s case.
A reported violation may lead to additional testing, tighter restrictions, a bond hearing or other consequences. Continue complying with every requirement and preserve relevant proof, including screenshots, receipts, device messages, call logs, work records, medical documentation and communications with the testing provider.
Document the error immediately and follow the provider’s instructions. Preserve photographs, error messages, customer-service records, repair information and any properly obtained independent test.
Some products contain alcohol or may raise testing questions. The product, timing, testing method, retest pattern and supporting documentation all matter. Do not expect a product explanation to be accepted without evidence.
Possibly, but employment does not automatically override a travel restriction or testing requirement. Address the issue before booking or leaving—not after a possible violation.
The criminal case and the driver’s-license process are related but not always identical. Some sanctions follow a conviction; others may arise through the Michigan Secretary of State.
After an alleged chemical-test refusal, the issues may include whether:
The stop was lawful
The arrest was supported by reasonable grounds
Chemical-test rights were properly provided
A refusal actually occurred
The refusal was reasonable
A hearing was requested on time
A roadside preliminary breath test and a post-arrest evidentiary chemical test are not the same. Police may also seek a search warrant for a blood draw when the legal requirements are satisfied.
Learn more about Michigan breath-test refusal and implied consent.
Many people appearing in the 48th District Court have no prior record and are primarily concerned about their careers. An OWI can create separate questions for physicians, nurses, attorneys, pilots, teachers, engineers, executives, accountants, business owners and commercial drivers.
Issues may include:
Employer reporting rules
Professional-license disclosure
Commercial driving restrictions
Security clearances
Insurance
International travel
Background checks
Future licensing applications
These consequences should be identified before deciding how to resolve the criminal case. More information is available in the firm’s Ultimate Guide to Michigan OWI/DUI Law.
Treating a first offense as unimportant
Ignoring the written bond order
Missing or arriving late for testing
Traveling without checking restrictions
Posting about the case online
Waiting too long to preserve video
Assuming the police report tells the whole story
Assuming a chemical-test result cannot be examined
Driving without confirming license status
Focusing on jail while ignoring career, license and record consequences
No. Testing depends on the allegations and the individual bond order. Follow the written conditions in your case.
Jail is legally possible, but it is not automatic. The result depends on the charge, evidence, record, compliance, mitigation and court decision.
Sometimes. A reduction may depend on evidentiary problems, legal issues, negotiations, prior history and prosecutorial evaluation. No reduction is guaranteed.
Dismissal may be possible when important evidence is suppressed, excluded, unavailable, unreliable or legally insufficient. Every case depends on its own record.
Potentially. The officer must have a lawful basis for the stop. The instructions, conditions, medical limitations and video may also affect how field tests are evaluated.
Possibly. Driving status may depend on the charge, test result, alleged refusal, temporary permit and Secretary of State action. Confirm your status before driving.
Not always. Many license sanctions are imposed by statute and administered by the Michigan Secretary of State.
No. The reported result increases the seriousness of the allegation, but the stop, arrest, testing procedure and supporting records should still be examined.
Certain first-offense OWI convictions may qualify if the statutory requirements are met. Eligibility and the likelihood of relief must be evaluated individually.
Many cases resolve before trial. Whether to negotiate, file motions or proceed toward trial should be decided after reviewing the evidence and consequences.
Past results do not guarantee a similar outcome. Every case depends on its specific facts, evidence, prosecutor, judge and applicable law.
Charge: High BAC OWI / BAC 0.17 or greater
Court: 48th District Court, Oakland County
Evidence issue: Breath-testing records raised questions about the reliability of the DataMaster result supporting the enhancement.
Defense approach: Review of instrument records, accuracy checks, testing procedures, police reports, body-camera recordings and field sobriety evidence.
Outcome: The High BAC enhancement was dismissed, and the case proceeded without the enhanced High BAC charge.
Attorney: Matthew Fraiberg
Charge: Domestic violence
Court: 48th District Court, Oakland County
Evidence issue: The complaining witness’s account contained material inconsistencies when compared with the 911 call, body-camera recording, physical evidence and other statements.
Defense approach: Review of witness credibility, corroboration, sequence of events and potential self-defense evidence.
Outcome: The domestic-violence charge was dismissed.
Attorney: Eric L. Pernie
Charge: Possession of a controlled substance
Court: 48th District Court, Oakland County
Evidence issue: The substance was found in a vehicle location accessible to several people rather than directly on the client.
Defense approach: Review of knowing or constructive possession, the vehicle search, access, ownership, occupant statements and evidence connecting the client to the substance.
Outcome: The controlled-substance possession charge was dismissed; the case continued on lesser charges.
Attorney: Matthew Fraiberg
Charge: Assault and battery
Court: 48th District Court, Oakland County
Evidence issue: Witnesses gave conflicting accounts of who initiated the confrontation.
Defense approach: Review of self-defense, witness credibility, injuries, photographs, physical evidence and available recordings.
Outcome: The assault-and-battery charge was dismissed.
Attorney: Eric L. Pernie
Matthew Fraiberg has practiced law in Michigan since 1997. His background includes service as a city prosecutor and judicial clerk, followed by decades representing people charged with OWI and criminal offenses throughout Oakland County.
His approach emphasizes early compliance, independent evidence review and clear advice about criminal, license and professional consequences.
Eric Pernie is a former police officer and criminal defense attorney. His law-enforcement background provides practical insight into traffic stops, report writing, field sobriety testing, body-camera evidence, arrest decisions and chemical-test investigations.
Together, the attorneys bring former prosecution, court and police perspectives to the defense of OWI and criminal cases.
A Bloomfield Township OWI case may involve immediate bond conditions, alcohol testing, video evidence and a driver’s-license deadline. Early review can clarify what the court order requires, which evidence should be preserved and what defenses or resolutions may be available.
Call Fraiberg & Pernie at 248-986-2682 for a confidential consultation.
Written and reviewed by Matthew Fraiberg, Michigan criminal defense attorney, former city prosecutor and former judicial clerk. Practicing law since 1997.
Last reviewed and updated: October 2026
Fraiberg & Pernie
1000 S. Old Woodward Avenue, Suite 103
Birmingham, Michigan 48009
248-986-2682
This page provides general information, not legal advice. Past results do not guarantee a similar outcome. Every case is different.