FRAIBERG & PERNIE
If you were arrested for DUI or OWI in Livonia, Michigan, your case will generally be handled in the 16th District Court.
An OWI case can affect more than the criminal court proceeding. Depending on the charge and circumstances, potential issues can involve your driver’s license, employment, professional licensing, insurance, criminal record, bond conditions, alcohol or drug testing, and freedom.
An OWI arrest is not a conviction.
Before deciding how the case should be resolved, the evidence should be reviewed—including the traffic stop, police reports, body-camera and dash-camera video, field sobriety testing, breath or blood evidence, and constitutional issues.
Matthew Fraiberg is a Michigan criminal defense and DUI/OWI attorney, former City Prosecutor, and former Judicial Clerk who has practiced law in Michigan since 1997.
Fraiberg & Pernie represents clients facing OWI, OWVI, High BAC, repeat OWI, felony OWI, drugged driving, and Implied Consent matters in Livonia, throughout Wayne County, and across Southeast Michigan.
Call Fraiberg & Pernie at (248) 986-2682 for a confidential consultation.
| Court | 16th District Court |
| Location | Livonia, Michigan |
| County | Wayne County |
| Practice Area | DUI / OWI Defense |
| Attorney | Matthew Fraiberg |
| Experience | Licensed in Michigan since 1997 |
| Background | Former City Prosecutor and Former Judicial Clerk |
| Common Charges | OWI, OWVI, High BAC, repeat OWI, drugged driving and Implied Consent |
| Evidence Reviewed | Traffic stop, video, field sobriety tests, breath/blood evidence and constitutional issues |
| Common Concerns | License, jail, probation, employment, professional licensing and criminal record |
Most misdemeanor OWI and DUI cases arising in the City of Livonia are handled by the 16th District Court.
16th District Court
32765 Five Mile Road
Livonia, Michigan 48154
The court handles state-law misdemeanors and city ordinance matters and conducts preliminary proceedings in felony cases.
That means Livonia cases involving first-offense OWI, OWVI, High BAC, and many second-offense OWI charges generally begin and proceed in the 16th District Court.
Felony matters also begin in District Court but may proceed to Wayne County Circuit Court after the preliminary stages.
Michigan OWI law applies statewide, but each court administers cases through its own judges, prosecutors, schedules, bond procedures, testing requirements, and probation practices.
Understanding the court handling the case can help the defense anticipate:
Arraignment procedures
Bond conditions
Alcohol and drug testing
Scheduling
Pretrial procedures
Motion practice
Probation procedures
Sentencing considerations
Specialty-court options when applicable
Local court familiarity does not guarantee a particular result. It can help the attorney and client prepare for what happens next.
The 16th District Court participates in a Hybrid DUI/Drug Sobriety Court, which is identified in the Michigan Courts specialty-court directory.
Sobriety courts are structured treatment and supervision programs designed for eligible participants.
Whether a person qualifies—and whether participation makes sense—depends upon the individual case, eligibility requirements, prior history, charge, and circumstances.
For some clients, specialty-court eligibility may also have important implications beyond sentencing, including driver’s-license considerations when Michigan law permits.
Matthew Fraiberg is the Managing Partner of Fraiberg & Pernie and represents people facing DUI/OWI and criminal charges throughout Wayne County and Southeast Michigan.
He has practiced law in Michigan since 1997.
His professional background includes:
Former City Prosecutor
Former Judicial Clerk
Former Assistant Legal Research Clerk
Michigan criminal defense
DUI and OWI defense
Driver’s-license matters
District and circuit court representation
Matthew’s approach begins with a fundamental question:
What does the evidence actually establish?
An OWI defense may require review of much more than the BAC number or police report.
Relevant evidence can include:
Body-camera footage
Dash-camera footage
Police reports
Witness statements
911 recordings
Field sobriety testing
Preliminary breath testing
Datamaster records
Blood-test records
Laboratory documentation
Search warrants
Officer observations
Chemical-testing procedures
A misdemeanor Livonia OWI case commonly involves several stages.
At arraignment, the court advises the defendant of the charge and addresses bond and conditions of release.
Depending upon the circumstances, bond conditions may include:
Alcohol testing
Drug testing
Travel restrictions
Restrictions involving alcohol or controlled substances
Reporting requirements
Other court-ordered conditions
Compliance with bond conditions is important while the case is pending.
The defense may obtain and review evidence including police reports, body-camera recordings, dash-camera footage, breath-test documentation, blood-test records, witness statements, and other relevant material.
The defense and prosecution may discuss the case while the evidence and legal issues are evaluated.
A pretrial conference does not necessarily mean the defendant should plead guilty.
When supported by the evidence and law, motions may challenge:
Traffic stop
Detention
Arrest
Search
Statements
Breath evidence
Blood evidence
Constitutional issues
Depending upon the case, the matter may conclude through dismissal, reduction, negotiated resolution, trial, or another legally available outcome.
No particular result can be guaranteed.
Early actions can matter because evidence, court requirements, and driver’s-license issues may develop on different timelines.
Consider:
Read all paperwork from police and the court.
Follow every bond condition.
Preserve photographs, videos, texts, receipts, and other potentially relevant evidence.
Write down what happened while events are fresh.
Identify potential witnesses.
Avoid discussing the allegations publicly or on social media.
Review any driver’s-license or Implied Consent paperwork promptly.
Preserve potentially relevant video or other evidence.
Review the police reports and recordings.
Understand the evidence before making major decisions about the case.
Operating While Intoxicated is Michigan’s principal drunk- and impaired-driving offense.
Michigan’s OWI statute is MCL 257.625.
For most drivers age 21 or older, Michigan’s per se BAC limit is 0.08.
Operating While Visibly Impaired, or OWVI, is a separate impairment-based offense.
OWVI does not depend upon establishing a particular BAC threshold.
Michigan High BAC applies to certain first-offense cases involving an alleged BAC of 0.17 or higher.
High BAC carries enhanced potential penalties and driver’s-license consequences compared with an ordinary first-offense OWI.
Repeat OWI allegations can carry increased criminal, driver’s-license, vehicle, treatment, and probation consequences.
The prior record and legally relevant offense dates should be carefully verified.
A qualifying third-offense OWI can be prosecuted as a felony.
A felony OWI generally begins in District Court and may proceed to Wayne County Circuit Court if bound over.
Michigan’s Implied Consent law can create driver’s-license consequences separate from the criminal OWI prosecution.
A person receiving Implied Consent paperwork should review the applicable hearing deadline promptly.
Michigan’s Implied Consent provisions are contained in MCL 257.625c.
Michigan OWI law can also apply to allegations involving controlled substances, marijuana, prescription medication, or other intoxicating substances.
Drugged-driving cases may involve blood testing, toxicology, medical issues, prescription records, officer observations, and expert analysis.
The defense should identify the reason police stopped the vehicle.
Potential issues can involve:
Speeding
Lane allegations
Equipment violations
Driving behavior
Citizen reports
Accident investigations
Other claimed traffic violations
If a stop violated constitutional protections, evidence obtained afterward may potentially become subject to challenge.
The defense may evaluate:
Driving observations
Officer observations
Statements
Field sobriety testing
Preliminary breath testing
Video
Witness information
Other circumstances relied upon by police
An arrest does not itself establish guilt.
Body-camera and dash-camera recordings may confirm, contradict, or add context to a written police report.
Video may show:
Speech
Balance
Responses to questions
Field sobriety instructions
Actual test performance
Environmental conditions
Officer demonstrations
Witness statements
Breath and blood results should be evaluated along with the procedures used to obtain them.
Scientific evidence can be important in an OWI prosecution.
Potential areas of review can include:
Testing procedure
Equipment records
Maintenance and calibration
Observation requirements
Operator qualifications
Timing
Documentation
Blood evidence may require examination of:
Authority for the blood draw
Collection
Storage
Transportation
Chain of custody
Laboratory analysis
Testing methodology
Documentation
Admissibility
Field sobriety evidence can be evaluated based upon:
Instructions
Administration
Officer demonstration
Road surface
Lighting
Weather
Footwear
Medical or physical limitations
Actual performance on video
The significance of any potential problem depends upon the facts and evidence of the individual case.
Sometimes, but no reduction is automatic.
Factors that may affect negotiations include:
Strength of the prosecution’s evidence
BAC or toxicology results
Video evidence
Constitutional issues
Prior record
Accident or injury
Mitigation
Court
Prosecutor
Other circumstances
The evidence should be evaluated before deciding whether a negotiated resolution is appropriate.
Dismissal is possible when the evidence, facts, or law support it, but no attorney can guarantee dismissal.
Potential issues can include:
Unlawful traffic stop
Lack of probable cause
Constitutional violations
Suppressed evidence
Breath- or blood-testing problems
Inadmissible statements
Missing evidence
Witness problems
Insufficient evidence
The important question is whether meaningful weaknesses exist in the prosecution’s case.
See Fraiberg & Pernie’s Michigan DUI and criminal-defense case results for examples from prior matters. Past results do not guarantee a similar result.
For many clients, driving privileges are one of the most important concerns.
Depending upon the offense and circumstances, an OWI may involve:
Suspension
Restricted driving
Revocation
Points
Ignition interlock
Implied Consent proceedings
CDL consequences
Driver’s-license restoration
Fraiberg & Pernie represents clients in OWI-related license matters and Michigan driver’s-license restoration.
The criminal prosecution and driver’s-license consequences should be considered together.
Not necessarily.
Whether incarceration is legally available or ultimately imposed depends upon the charge and circumstances.
Relevant considerations can include:
First or repeat offense
High BAC allegation
Accident or injury
Prior criminal history
Bond compliance
Evidence
Mitigation
Applicable sentencing law
Final disposition
A first-offense OWI arrest does not automatically mean a person will be incarcerated.
Avoid making the existing case more difficult.
Common mistakes include:
Missing court appearances
Missing required alcohol or drug tests
Violating bond conditions
Driving contrary to license restrictions
Posting details about the case online
Deleting potential evidence
Ignoring driver’s-license notices
Giving additional statements without understanding the potential consequences
Making major decisions before reviewing available evidence
Waiting until potentially useful evidence is no longer available
When comparing DUI or OWI attorneys for a case in the 16th District Court, consider objective factors.
Ask:
How much of the attorney’s practice involves criminal defense and OWI?
Has the attorney handled cases in the 16th District Court?
Will the attorney review body-camera and dash-camera video?
Will breath or blood evidence be evaluated?
Does the attorney handle Implied Consent matters?
Does the attorney understand Michigan driver’s-license consequences?
How are field sobriety tests evaluated?
How are constitutional issues identified?
Is the attorney prepared to file motions when appropriate?
Is the attorney prepared for trial if necessary?
Who will personally handle the case?
Can the attorney’s credentials be independently verified?
The attorney should be able to explain both the potential consequences and the defense strategy in understandable terms.
Matthew Fraiberg has practiced law in Michigan since 1997 and has more than 29 years of legal experience.
His prior experience as a City Prosecutor provides perspective on how criminal and OWI allegations may be evaluated from the prosecution’s side.
Matthew’s judicial background provides another perspective involving evidence, motions, legal research, and courtroom procedure.
The defense begins by determining what the evidence actually establishes rather than assuming an arrest or BAC number determines the outcome.
OWI representation should consider both the criminal case and the potential effect on driving privileges.
Clients should understand the charge, evidence, potential consequences, available options, and what happens next.
Read Matthew Fraiberg’s attorney profile.
Most misdemeanor DUI and OWI cases arising in Livonia are handled in the 16th District Court, located at 32765 Five Mile Road in Livonia.
People commonly use the term DUI, but Michigan law primarily uses Operating While Intoxicated (OWI).
OWVI means Operating While Visibly Impaired, a separate Michigan alcohol- or drug-related driving offense.
Michigan’s High BAC provisions apply to certain first-offense cases involving an alleged BAC of 0.17 or higher.
Not necessarily. Driver’s-license consequences depend upon the charge, chemical testing, prior record, Implied Consent issues, and eventual disposition.
An alleged refusal under Michigan’s Implied Consent law can create a separate driver’s-license proceeding. Review any hearing deadline appearing on your paperwork promptly.
Some cases result in negotiated reductions, but no reduction is automatic.
Dismissal is possible when supported by the facts, evidence, or law. No attorney can guarantee dismissal.
Breath evidence can be reviewed for procedural, evidentiary, scientific, and legal issues.
Blood evidence may raise issues involving the draw, warrant, collection, chain of custody, laboratory procedures, testing methodology, and admissibility.
Jail may be legally possible, but a first-offense arrest does not automatically result in incarceration.
Potentially. The effect depends upon the person’s occupation, licensing requirements, charge, and disposition.
Yes. Commercial drivers can face consequences separate from those applicable to an ordinary operator’s license.
Criminal and immigration consequences can intersect. Non-citizens should consider obtaining appropriate advice concerning immigration consequences before resolving a criminal charge.
The court advises the defendant of the charge and addresses bond and conditions of release.
Evidence and legal issues are reviewed and negotiations may occur.
There is no universal timeline. The duration depends upon the evidence, motions, negotiations, court schedule, and whether trial is necessary.
Follow court orders, preserve potential evidence, review driver’s-license paperwork, avoid discussing the allegations publicly, and consider obtaining legal advice before making major decisions about the case.
Continue with these Fraiberg & Pernie resources:
If you were arrested for DUI, OWI, High BAC, OWVI, repeat OWI, drugged driving, or another alcohol- or drug-related driving offense in Livonia, the outcome is not predetermined simply because an arrest occurred.
A case review should address questions such as:
Why was the vehicle stopped?
Was the traffic stop lawful?
Was there probable cause to arrest?
What does the body-camera footage show?
How were field sobriety tests administered?
What breath or blood evidence exists?
Were constitutional requirements followed?
What driver’s-license consequences may apply?
What court and bond requirements apply?
Can the prosecution prove every required element?
Fraiberg & Pernie Criminal Defense Attorneys
1000 S. Old Woodward Avenue, Suite 103
Birmingham, Michigan 48009
Phone: (248) 986-2682
Call (248) 986-2682 for a confidential consultation about a Livonia DUI or OWI case.
This page provides general legal information, not legal advice. Michigan law and court procedures may change. Every case is different, and past results, experience, ratings, reviews, memberships, or recognition do not guarantee a particular outcome.
Written and legally reviewed by Matthew Fraiberg
Michigan Criminal Defense & DUI/OWI Attorney
Former City Prosecutor and Former Judicial Clerk
Licensed in Michigan since 1997
Last reviewed for legal accuracy: October 2026