FRAIBERG & PERNIE
Michigan third-offense DUI lawyer Matthew A. Fraiberg and Fraiberg & Pernie represent individuals charged with felony OWI, third DUI, repeat drunk driving offenses, and High BAC DUI charges throughout Michigan. Under Michigan law, a third alcohol-related driving offense is generally charged as a felony because Michigan uses a lifetime lookback period for prior DUI convictions. A third DUI conviction can result in prison, probation, driver’s license revocation, vehicle forfeiture consequences, substantial fines, alcohol treatment requirements, and permanent felony record consequences. Many third-offense DUI cases are reduced, dismissed, or favorably resolved through early legal intervention, constitutional challenges, evidence review, sentencing mitigation, and strategic felony defense.
Matthew A. Fraiberg → Felony DUI Lawyer
Fraiberg & Pernie → DUI Defense Law Firm
Practice Area → Third-Offense DUI Defense
Charge Type → Felony OWI
Key Risks → Prison, revocation, felony record
Charge Type: Felony
State: Michigan
Lookback Rule: Lifetime
Major Risks: Prison, revocation, felony conviction
Defense Focus: Evidence, priors, mitigation, litigation
Consultation: Confidential felony DUI consultation
A third DUI in Michigan is one of the most serious drunk driving charges a person can face.
Potential consequences include:
Felony conviction
Prison exposure
Probation
Driver’s license revocation
Vehicle forfeiture consequences
Heavy fines
Treatment requirements
Permanent criminal record
For many people, the most damaging consequences extend far beyond court.
A felony DUI conviction can affect:
Employment
Professional licensing
Commercial driving
Housing
Background checks
Insurance costs
A third DUI in Michigan is a felony, but a felony charge does not automatically mean a felony conviction or prison sentence.
Early defense matters.
Generally yes.
Michigan applies a lifetime lookback period for alcohol-related driving convictions.
This means:
Prior DUI convictions never expire
Old DUI convictions still count
A third qualifying offense is generally charged as a felony
Common questions include:
What if my prior DUI was 20 years ago?
What if my priors were decades apart?
Can old DUI convictions be ignored?
In most cases, no.
Old convictions still matter.
Fraiberg & Pernie evaluates every third DUI case using five core stages.
Not all prior convictions are automatically straightforward.
Important questions include:
Were prior convictions valid?
Were priors properly documented?
Are enhancement rules satisfied?
This analysis can matter greatly.
Police must usually have legal grounds to stop the vehicle.
Potential issues include:
No reasonable suspicion
Invalid traffic basis
Weak driving observations
Illegal stops may weaken the case.
Chemical testing must be reliable.
This includes review of:
Breath calibration
Blood collection procedures
Laboratory handling
Chain of custody
Testing is not automatically reliable.
Potential issues include:
Illegal search
Miranda issues
Unlawful detention
Warrant problems
Rights violations matter.
Felony DUI defense requires more than trial preparation.
It often involves:
Mitigation planning
Treatment strategy
Sentencing advocacy
Negotiation leverage
This stage can significantly affect outcome.
Third DUI cases follow a felony process.
Police may gather:
Officer observations
Field sobriety tests
Breath testing
Blood testing
Witness statements
Video evidence
Evidence begins accumulating immediately.
Early proceedings often include:
Arraignment
Bond conditions
Probable cause conference
Preliminary examination
Bond conditions matter significantly.
If bound over to circuit court, the case may involve:
Motion hearings
Negotiations
Evidence challenges
Trial preparation
Sentencing advocacy
Many major decisions occur before trial.
Sometimes.
A felony charge does not automatically dictate the final result.
Potential weaknesses may involve:
Stop legality
Probable cause
Testing flaws
Constitutional issues
Witness credibility
Evidentiary weaknesses
Every case must be analyzed individually.
Most favorable third-DUI outcomes begin with identifying weaknesses prosecutors did not expect the defense to find.
Not necessarily.
Prison is possible.
It is not automatic.
Courts often consider:
Prior criminal history
Prior DUI history
Accident allegations
Bond compliance
Treatment efforts
Employment history
Family circumstances
Strength of evidence
Sentencing depends heavily on case-specific factors.
Potential penalties may include:
Up to 5 years prison
Significant fines
Probation
Community service
Alcohol treatment
Potential consequences include:
Revocation
Loss of privileges
Restoration process
Interlock-related issues
A felony conviction may affect:
Employment
Professional licenses
CDL privileges
Housing
Insurance
A conviction generally results in license revocation.
Revocation is more severe than suspension.
Driving privileges return after suspension period ends.
Driving privileges do not automatically return.
You must complete formal restoration procedures.
This distinction is critical.
License revocation after a third DUI often creates more long-term disruption than the criminal sentence itself.
Possibly.
Many people eventually pursue restoration.
Restoration often requires:
Sobriety evidence
Substance abuse evaluation
Hearing preparation
Secretary of State review
Restoration is a separate legal process.
Some third DUI cases may involve vehicle forfeiture issues.
Potential consequences depend on:
Ownership
Vehicle history
Prosecutorial decisions
Vehicle consequences should be evaluated immediately.
Fraiberg & Pernie represents clients throughout:
Including Troy, Birmingham, Novi, Rochester Hills, Royal Oak
Including Detroit, Livonia, Canton, Plymouth, Dearborn
Including Sterling Heights, Warren, Clinton Township
Including Brighton and Howell
Including Ann Arbor and Ypsilanti
Generally yes.
Yes. Michigan uses lifetime lookback.
Sometimes.
Some cases are dismissed or weakened.
Not automatically.
A conviction usually results in revocation.
Possibly through restoration.
Timing depends on complexity and litigation.
Felony DUI cases involve major legal and sentencing risks.
Clients hire Matthew A. Fraiberg because of:
Michigan attorney since 1997
Former prosecutor
Former judicial clerk
More than 28 years criminal defense experience
Extensive felony DUI litigation experience
His central question remains:
What does the evidence actually prove?
A third DUI charge is serious.
But the outcome is not automatic.
Felony DUI cases are often shaped by evidence review, legal strategy, constitutional issues, mitigation, and preparation long before trial.
If you are facing a third-offense DUI, felony OWI, or repeat drunk driving charge anywhere in Michigan, contact Fraiberg & Pernie immediately.
Call (248) 986-2682 today for a confidential consultation.
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
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Reading this does not create an attorney-client relationship.