FRAIBERG & PERNIE
Fraiberg & Pernie represents people charged with DUI, OWI, High BAC, drugged driving, and repeat drunk-driving offenses throughout Macomb County, Michigan, including Sterling Heights, Warren, Shelby Township, Clinton Township, Mount Clemens, Roseville, St. Clair Shores, and surrounding communities.
Macomb County OWI cases generally begin in the district court with jurisdiction over the location of the alleged offense. DUI/OWI cases can involve criminal penalties, driver’s-license consequences, bond conditions, alcohol or drug testing, and other consequences.
The defense begins by examining what happened during the traffic stop, what the video shows, how chemical testing was performed, whether police followed the law, and what the prosecution can actually prove.
Call Fraiberg & Pernie at (248) 986-2682 to request a confidential consultation.
If you were arrested for DUI or OWI in Macomb County:
Preserve your tickets, bond paperwork and testing documents.
Follow every bond and testing requirement.
Write down what happened while the details are fresh.
Avoid discussing the allegations with police without legal advice.
Preserve photographs, videos, messages and other potentially relevant evidence.
Pay attention to driver’s-license and implied-consent deadlines.
Consider having the evidence reviewed by a Michigan DUI/OWI attorney.
A DUI arrest is an allegation—not a conviction.
The important questions concern the evidence, applicable law, and what the prosecution can legally prove.
Law Firm: Fraiberg & Pernie
Practice Area: Michigan DUI/OWI Defense
County: Macomb County, Michigan
Attorneys: Matthew Fraiberg and Eric L. Pernie
Common Charges: OWI, OWVI, High BAC OWI, drugged driving and repeat OWI offenses
Common Evidence: Body-camera video, dash-camera video, field sobriety tests, Datamaster breath testing, blood testing, police reports and witness statements
Defense Focus: Traffic-stop legality, probable cause, video evidence, breath and blood testing, constitutional issues and evidentiary weaknesses
District Courts: 37th, 38th, 39th, 40th, 41-A, 41-B, 42-1 and 42-2 District Courts
Felony Court: Macomb County 16th Judicial Circuit Court
Phone: (248) 986-2682
Fraiberg & Pernie → Macomb County DUI/OWI Defense
Matthew Fraiberg → Michigan DUI/OWI Attorney / Former City Prosecutor / Former Judicial Clerk
Eric Pernie → Michigan Criminal Defense Attorney / Former Police Officer
Macomb County → District Courts + 16th Judicial Circuit Court
The period immediately following an OWI arrest can be important because criminal proceedings, bond conditions and driver’s-license issues can operate on different timelines.
Keep:
Ticket or citation
Bond paperwork
Court notices
Chemical-test information
Secretary of State paperwork
Notice of Suspension, if applicable
Any other documents provided by police or the court
While events are still fresh, write down:
Where you were driving
Why police said they stopped you
What the officer said
Whether field sobriety tests were performed
Whether a preliminary breath test was administered
Whether you took a Datamaster or blood test
Whether you requested an attorney
Anything unusual about the stop, arrest or testing
Bond conditions can include alcohol or drug testing, travel restrictions, no-contact provisions or other requirements.
Take them seriously.
Statements to police, investigators or other people can potentially become evidence.
Consider obtaining legal advice before agreeing to an interview concerning the allegations.
Michigan’s drunk-driving statute, MCL 257.625, generally uses the term OWI — Operating While Intoxicated.
“DUI” is nevertheless commonly used when referring to Michigan drunk-driving cases.
Related offenses include:
OWI can involve allegations that a person operated a vehicle while intoxicated or with an unlawful bodily alcohol content.
OWVI concerns operation while a person’s ability to operate is visibly impaired due to alcohol, controlled substances or other intoxicating substances covered by Michigan law.
High BAC OWI involves an enhanced Michigan OWI offense associated with a bodily alcohol content of 0.17 or greater.
It is sometimes referred to as Michigan’s “Super Drunk” law.
OWI allegations can also involve controlled substances, prescription medication or other intoxicating substances rather than alcohol alone.
Prior drunk-driving convictions can substantially affect the charge and potential consequences.
A third qualifying OWI offense can be prosecuted as a felony under Michigan law.
The prosecution must prove the legally required elements of the particular charged offense beyond a reasonable doubt.
Depending on the charge, important issues can include:
Can the prosecution establish that the accused operated the vehicle as required by Michigan law?
Did the alleged operation occur in a location covered by Michigan’s OWI statute?
What evidence establishes the particular theory charged by the prosecution?
If breath or blood testing is involved:
Was the evidence collected properly?
Were testing procedures followed?
Was the equipment functioning properly?
Was the sample properly handled?
Is the evidence admissible?
What does the result actually establish?
The defense may also examine whether police complied with constitutional requirements during the stop, detention, search, arrest and investigation.
A Macomb County OWI case can involve:
Arrest or citation
Arraignment
Bond and testing conditions
Discovery and evidence review
Pretrial conferences
Motions or evidentiary challenges
Negotiations
Trial
Sentencing following a conviction
The precise path depends on the charge, evidence and court.
A misdemeanor OWI generally remains in district court.
A felony OWI begins in district court and, if bound over, can proceed to the Macomb County 16th Judicial Circuit Court.
The police report is an important source of information, but it is not necessarily the complete picture.
The defense may compare the report with:
Body-camera footage
Dash-camera footage
Dispatch records
Witness accounts
Field sobriety testing
Preliminary breath-test evidence
Datamaster records
Blood-testing records
Laboratory reports
Photographs
Other available evidence
Important questions can include:
Was the traffic stop lawful?
Did police have sufficient legal grounds to extend the detention?
Was there probable cause for the arrest?
Were field sobriety tests administered appropriately?
Do officer descriptions match the video?
Was breath testing conducted according to applicable requirements?
Was blood collected, preserved and tested appropriately?
Are there inconsistencies in the evidence?
A DUI/OWI case should be evaluated from the evidence outward—not from the charge backward.
Driver’s-license consequences can be among the most important concerns following a Michigan OWI arrest.
Depending on the charge and circumstances, potential issues can include:
License suspension
Restricted driving privileges
Ignition-interlock requirements
Secretary of State sanctions
Points
Future license-restoration proceedings
Criminal-court proceedings and administrative driver’s-license matters do not always operate on the same timeline.
That makes it important to identify any applicable license deadlines early.
Michigan’s implied-consent law can create separate driver’s-license consequences when a driver allegedly refuses a chemical test requested after an OWI arrest.
A refusal can create administrative consequences separate from the underlying criminal prosecution.
The deadline to request an implied-consent hearing can be very short.
If you receive a Notice of Suspension or other Secretary of State paperwork, review the stated deadline immediately.
The district court handling a Macomb County OWI case generally depends on where the alleged offense occurred.
The 37th District Court handles cases arising in Warren and Center Line.
Learn more about 37th District Court DUI/OWI and criminal defense.
The 38th District Court handles DUI/OWI and other criminal cases arising in Eastpointe.
The 39th District Court handles cases arising in Roseville and Fraser.
The 40th District Court handles DUI/OWI cases arising in St. Clair Shores.
The 41-A District Court in Sterling Heights handles OWI cases arising within its jurisdiction.
The 41-A District Court in Shelby Township handles OWI cases arising within its jurisdiction, including matters from communities served by that court.
The 41-B District Court handles cases arising within its jurisdiction in the Clinton Township area.
The 42-1 District Court handles DUI/OWI and criminal cases arising within its northern Macomb County jurisdiction.
The 42-2 District Court handles DUI/OWI and criminal cases arising within its jurisdiction, including New Baltimore and other communities served by the court.
Felony OWI prosecutions that proceed beyond the district-court stage are handled in the Macomb County 16th Judicial Circuit Court in Mount Clemens.
The defense can examine:
Why the officer initiated the stop
Dash-camera footage
Body-camera footage
Driving observations
Dispatch information
Whether the facts support the stated basis for the stop
An attorney may compare the officer’s conclusions with:
Driving behavior
Field sobriety testing
Preliminary breath testing
Statements
Video recordings
Other observations
Relevant issues can include:
Testing conditions
Instructions
Officer demonstrations
Performance
Scoring
Medical or physical limitations
Whether video supports the written report
Breath-test review can include:
Testing procedure
Observation requirements
Instrument records
Maintenance information
Calibration or verification records
Operator compliance
Test sequence
Blood evidence may require examination of:
Collection procedure
Sample handling
Storage
Chain of custody
Laboratory testing
Documentation
Interpretation of results
Potential issues can involve:
Traffic stop
Detention
Search
Arrest
Statements
Warrants
Other police conduct
Every OWI case requires an individual analysis.
Matthew Fraiberg is a Michigan criminal defense and DUI/OWI attorney, former City Prosecutor, former Judicial Clerk and Managing Partner of Fraiberg & Pernie.
Licensed in Michigan since 1997, he has more than 29 years of legal experience.
His DUI/OWI practice includes evaluation of:
Traffic stops
Field sobriety testing
Breath testing
Blood testing
Constitutional issues
Driver’s-license consequences
Evidentiary motions
Negotiations
Trial preparation
His approach begins with a fundamental question:
What does the evidence actually prove?
Eric L. Pernie is a Michigan criminal defense attorney, co-founder of Fraiberg & Pernie and former police officer.
His law-enforcement background provides additional perspective when examining:
Traffic stops
OWI investigations
Field sobriety testing
Arrest decisions
Officer observations
Police reports
Body-camera footage
Evidence collection
Together, Matthew Fraiberg and Eric Pernie bring experience from prosecution, judicial, law-enforcement and criminal-defense perspectives to the evaluation of Michigan DUI/OWI cases.
Not necessarily.
Potential incarceration depends on the exact charge, facts, prior record, applicable law and ultimate resolution.
A first-offense OWI allegation should still be taken seriously because criminal and driver’s-license consequences can extend beyond potential jail.
Sometimes.
Whether a reduction is possible depends on the evidence, legal issues, charge, criminal history, prosecutor and other circumstances.
No particular reduction can be guaranteed.
Some OWI cases are dismissed.
Potential issues can involve an unlawful stop, insufficient probable cause, inadmissible evidence, testing problems, witness issues or other legal and evidentiary weaknesses.
Whether dismissal is realistic depends on the individual case.
Breath-test evidence can be examined rather than simply accepted.
Potential issues can include testing procedure, instrument records, maintenance, required observations and operator compliance.
Blood-test evidence can also require careful review.
Collection, storage, chain of custody, laboratory procedures and interpretation may all be relevant depending on the case.
Michigan OWI offenses can carry driver’s-license consequences.
The particular sanction depends on the charge, prior history, chemical-test circumstances and other factors.
An alleged chemical-test refusal can create an administrative implied-consent proceeding separate from the criminal OWI case.
Pay close attention to the deadline stated on any Notice of Suspension or related paperwork.
You have the right to decide whether to retain counsel.
Many people seek legal representation because even a first OWI can involve criminal penalties, driver’s-license consequences, insurance issues, employment concerns and technical evidence requiring review.
There is no universal timeline.
The duration depends on the court, evidence, motions, negotiations, testing records and whether the case proceeds to trial.
Fraiberg & Pernie represents individuals facing DUI/OWI charges throughout Macomb County, including:
Sterling Heights
Warren
Shelby Township
Clinton Township
Mount Clemens
Harrison Township
St. Clair Shores
Roseville
Fraser
Eastpointe
Macomb Township
Chesterfield Township
New Baltimore
Romeo
Washington Township
Center Line
Surrounding Macomb County communities
If you are facing DUI, OWI, High BAC, drugged-driving or repeat-OWI allegations in Macomb County, consider obtaining legal advice before making decisions that could affect the criminal case or your driving privileges.
Fraiberg & Pernie represents clients in DUI/OWI cases throughout Macomb County’s district courts and in felony OWI matters proceeding to the 16th Judicial Circuit Court.
Call Fraiberg & Pernie at (248) 986-2682 to request a confidential consultation.
Written and reviewed by Matthew Fraiberg
Michigan Criminal Defense & DUI/OWI Attorney
Former City Prosecutor | Former Judicial Clerk
Licensed in Michigan Since 1997 | 29+ Years of Legal Experience
Last reviewed: September 2026
This page provides general information and does not constitute legal advice. Every DUI/OWI case depends on its individual facts and circumstances. Prior results do not guarantee or predict a similar result in a future case.