FRAIBERG & PERNIE
Matthew Fraiberg is a Michigan criminal-defense attorney, former city prosecutor, former judicial clerk, and Managing Partner of Fraiberg & Pernie Criminal Defense Attorneys in Birmingham. Licensed in Michigan since 1997, he represents people facing OWI/DUI charges, felony and misdemeanor allegations, drug crimes, domestic-violence and assault cases, probation violations, driver’s-license matters, and expungement questions throughout Southeast Michigan.
| Credential | Details |
|---|---|
| Attorney | Matthew Fraiberg |
| Firm role | Managing Partner, Fraiberg & Pernie Criminal Defense Attorneys |
| Michigan Bar | P57317 |
| Licensed | Michigan, since 1997 |
| Prior experience | Former city prosecutor and judicial clerk |
| Office | Birmingham, Michigan |
| Service area | Oakland, Wayne, and Macomb counties; Metro Detroit and Southeast Michigan |
Matthew Fraiberg’s professional information may be independently reviewed through the following resources:
Matthew’s approach begins by examining what the available evidence actually establishes. Police reports matter, but they are only one part of a criminal case. Depending on the allegations, a careful review may include body-camera footage, dash-camera footage, witness statements, surveillance video, breath or blood-test records, laboratory materials, digital evidence, and constitutional or procedural issues.
A criminal accusation can affect more than an immediate court case. It may also affect a person’s freedom, driver’s license, employment, education, professional license, reputation, family, and future opportunities. The appropriate defense strategy depends on the specific facts, evidence, court, charge, and individual circumstances. No attorney can guarantee a result.
Matthew represents clients in matters involving:
For a confidential consultation, call Fraiberg & Pernie at (248) 986-2682 or use the firm’s contact page. Do not send confidential case details through an unsecured form, text message, voicemail, or email.
Full Name: Matthew Fraiberg
Position: Managing Partner
Law Firm: Fraiberg & Pernie Criminal Defense Attorneys
Profession: Michigan Criminal Defense Attorney
Michigan Attorney Since: 1997
Michigan Bar Number: P57317
Office: Birmingham, Michigan
Primary Service Area: Oakland County, Wayne County, Macomb County, Metro Detroit, and Southeast Michigan
Michigan State University
Undergraduate degree, 1994
University of Toledo College of Law
Law degree, 1997
City Prosecutor
Judicial Clerk
Michigan OWI and DUI Defense
High BAC / Super Drunk Defense
Felony Criminal Defense
Misdemeanor Criminal Defense
Domestic Violence Defense
Assault and Battery Defense
Drug Crime Defense
Probation Violation Representation
Driver’s License Restoration
Expungements and Conviction Set-Asides
Matthew Fraiberg has practiced criminal law since 1997.
As Managing Partner of Fraiberg & Pernie Criminal Defense Attorneys, he represents people whose freedom, driving privileges, careers, professional licenses, and reputations may be affected by a criminal allegation.
His clients include:
Physicians
Nurses
Healthcare professionals
Attorneys
Executives
Business owners
Engineers
Financial professionals
Educators
Commercial drivers
College and graduate students
First-time offenders
Individuals facing repeat or felony charges
Every case begins differently.
A police report may describe what an officer believes happened, but it does not necessarily contain every relevant fact.
Video may show something different.
Witnesses may disagree.
A breath or blood test may raise scientific or procedural questions.
A search may raise constitutional issues.
For that reason, Matthew does not begin a case by assuming the government’s version of events is complete.
He begins with the evidence.
Matthew’s background gives him experience viewing criminal cases from several different perspectives.
Before focusing his practice on criminal defense, Matthew served as a city prosecutor.
That experience provided insight into how prosecutors:
Review police reports
Evaluate evidence
Make charging decisions
Prepare witnesses
Assess weaknesses
Negotiate cases
Prepare for trial
Understanding how prosecutors analyze a case can help anticipate arguments and identify issues that may create leverage for the defense.
Matthew also served as a judicial clerk.
That experience involved exposure to:
Legal research
Evidentiary issues
Motion practice
Sentencing considerations
Courtroom procedure
Judicial decision-making
A prosecutor evaluates whether the government can prove its case.
A judge evaluates the evidence and legal arguments presented to the court.
A criminal defense attorney must understand both perspectives while protecting the client’s rights.
Matthew’s background helps him evaluate a case from multiple angles before deciding how it should be defended.
Past experience does not guarantee a particular result. Every criminal case depends upon its own facts, evidence, applicable law, prosecutor, judge, and circumstances.
Every criminal case begins with an allegation.
Every defense should begin with the evidence.
Matthew uses an evidence-first approach when evaluating Michigan criminal and OWI cases.
Instead of choosing a strategy based only on the charge or police report, he examines the available evidence, constitutional issues, scientific information, and the client’s individual concerns.
Depending upon the allegations, evidence may include:
Police reports
Body-camera footage
Dash-camera recordings
Dispatch communications
Witness statements
Surveillance footage
Photographs
Search warrants
Phone records
Text messages
Digital evidence
Breath-testing records
Blood-testing records
Laboratory reports
Equipment calibration records
Maintenance documentation
Medical records
Prior court filings
The goal is not simply to collect the evidence.
The evidence must be compared.
Does the police report match the video?
Do the witnesses agree?
Do timestamps make sense?
Were testing procedures followed?
Does objective evidence support the conclusions written in the report?
Sometimes it does.
Sometimes it does not.
Those differences can matter.
Criminal investigations must comply with constitutional protections.
Depending upon the case, important questions may include:
Did police have reasonable suspicion for the traffic stop?
Was there probable cause for the arrest?
Was a search legally justified?
Was consent voluntarily given?
Were Miranda warnings required?
Were statements obtained lawfully?
Was a search warrant properly supported?
Was the detention lawful?
Were identification procedures reliable?
Was evidence properly collected and preserved?
When constitutional or procedural problems exist, the defense may consider motions to suppress evidence, exclude statements, or challenge other parts of the prosecution’s case.
Scientific evidence can play a major role in OWI, DUI, drugged-driving, and other criminal cases.
That evidence may involve:
Datamaster DMT breath testing
Preliminary breath testing
Blood alcohol testing
Drug toxicology
Laboratory procedures
Chain of custody
Equipment calibration
Maintenance documentation
Field sobriety testing
Time-of-driving issues
Medical conditions
Prescription medications
Video evidence of physical performance
A laboratory result or breath-test number should not automatically end the investigation.
Questions still need to be asked.
Was the sample collected correctly?
Was the equipment maintained?
Were required procedures followed?
Was the sample properly stored?
Does the scientific evidence fit the other evidence in the case?
After the evidence and legal issues have been reviewed, potential strategies may include:
Challenging the traffic stop
Challenging probable cause
Filing a suppression motion
Challenging statements
Contesting scientific evidence
Investigating conflicting witnesses
Presenting mitigating evidence
Negotiating a reduction when supported by the circumstances
Preparing for trial
There is no single strategy that works in every criminal case.
The strategy should follow the evidence.
Criminal defense does not end with asking, “Am I going to jail?”
For many clients, the larger questions are:
Will I lose my job?
Will this affect my professional license?
Can I continue driving for work?
Will this appear on a background check?
Can I travel internationally?
Will this affect my reputation?
A criminal case may affect:
Employment
Professional licensing
Commercial driving privileges
Education
Immigration
Military service
Security clearances
Insurance
Firearm rights
International travel
Personal reputation
Future opportunities
The defense strategy should account for the client’s life—not simply the charge appearing on the court docket.
OWI cases combine criminal law, constitutional law, scientific evidence, and Michigan driver’s license law.
Matthew represents individuals facing allegations involving:
First-offense OWI
Operating While Visibly Impaired
High BAC / Super Drunk OWI
Second-offense OWI
Third-offense felony OWI
Drugged driving
Under-21 Zero Tolerance offenses
Implied Consent violations
Breath-test refusals
OWI accidents
Prescription-drug driving allegations
An OWI arrest does not automatically establish guilt.
The prosecution still must rely upon admissible evidence and prove the required elements of the offense.
A complete OWI investigation may include:
Why was the vehicle stopped?
Did reasonable suspicion exist?
Do the officer’s observations match the available video?
Were instructions given correctly?
Could medical conditions, footwear, weather, lighting, or road conditions have affected performance?
Were observation requirements followed?
Was the Datamaster properly maintained and operated?
How was the sample collected, stored, transported, and analyzed?
Does body-camera or dash-camera footage support the written police report?
Were the driver’s rights respected throughout the investigation?
No single question automatically determines the outcome.
The entire case should be evaluated together.
An OWI case may create driver’s license consequences in addition to the criminal charge.
Depending upon the circumstances, issues may involve:
License suspension
Restricted driving
Ignition interlock
License revocation
Implied Consent proceedings
Michigan Secretary of State hearings
Some consequences arise from the criminal case.
Others may involve separate administrative procedures and deadlines.
That distinction is important.
Matthew represents individuals accused of felony and misdemeanor offenses throughout Southeast Michigan.
His practice includes matters involving:
Assault and battery
Domestic violence
Drug possession
Drug delivery allegations
Weapons offenses
Theft
Retail fraud
Fraud-related allegations
White-collar investigations
Probation violations
Resisting and obstructing
Reckless driving
Driving with a suspended license
Criminal traffic offenses
Criminal investigations before charges are filed
Not every criminal case begins with an arrest.
Sometimes it begins with a telephone call.
A detective may say:
“We just want your side.”
“We need to clear something up.”
“You’re not under arrest.”
A person may be tempted to explain everything immediately.
Before discussing the allegations, it is important to understand why investigators want the conversation and how the information could be used.
Early representation may allow an attorney to evaluate the situation before statements are made or additional evidence is created.
Michigan felony charges can create serious consequences involving:
Jail or prison
Probation
Employment
Housing
Professional licensing
Firearm rights
Education
Immigration
Reputation
Many Michigan felony cases begin in district court.
Depending upon the case, early proceedings may include:
Arraignment
Bond
Probable-cause conference
Preliminary examination
If the case is bound over or the preliminary examination is waived, the matter may proceed to circuit court.
Felony defense may involve:
Investigation
Witness interviews
Video review
Forensic analysis
Search-warrant review
Constitutional challenges
Preliminary-examination preparation
Motion practice
Negotiation
Trial preparation
Matthew also represents individuals seeking restoration of Michigan driving privileges.
These matters may involve:
Full driver’s license reinstatement
Restricted driving privileges
Michigan Secretary of State hearings
Clearance of Michigan holds
Restoration after multiple alcohol-related convictions
Appeals involving denied restoration requests
Successful preparation may require:
Substance-use evaluations
Treatment records
Support letters
Sobriety documentation
Driving records
Hearing testimony
Consistency is extremely important in driver’s license restoration cases.
A criminal record may continue affecting a person long after probation or a sentence has ended.
Potential consequences can involve:
Employment
Housing
Education
Professional licensing
Background checks
Future opportunities
Matthew assists eligible clients with:
Expungement eligibility reviews
Conviction set-aside petitions
Michigan Clean Slate matters
Court-hearing preparation
Criminal-history review
Eligibility depends upon the person’s complete record, the conviction involved, relevant dates, and current Michigan law.
Matthew represents clients in district and circuit courts throughout Oakland County, Wayne County, Macomb County, and surrounding communities.
His practice includes matters in courts such as:
48th District Court – Bloomfield Hills
47th District Court – Farmington Hills
44th District Court – Royal Oak
46th District Court – Southfield
51st District Court – Waterford
52-1 District Court – Novi
52-2 District Court – Clarkston
52-3 District Court – Rochester Hills
52-4 District Court – Troy
Oakland County Circuit Court
Wayne County district and circuit courts
Macomb County district and circuit courts
Michigan criminal law applies statewide.
The way cases move through individual courts can still differ.
Courts may have different:
Scheduling practices
Bond procedures
Testing requirements
Probation practices
Motion procedures
Courtroom expectations
Knowing the applicable law is essential.
Understanding the court handling the case matters too.
After practicing criminal law since 1997, several patterns repeatedly appear.
A report may accurately describe an officer’s observations.
But video, witnesses, timestamps, photographs, or other evidence may provide additional context.
That is why the underlying evidence should be reviewed whenever possible.
A short portion of body-camera footage, a surveillance recording, a text message, a receipt, a timestamp, or a witness may change how an allegation is evaluated.
Facts that initially appear insignificant sometimes become important after the complete evidence is assembled.
A breath-test result, blood result, or toxicology report may be powerful evidence.
It is still evidence.
Collection, storage, testing procedures, equipment, documentation, and interpretation may need to be reviewed.
Missing court, violating bond conditions, failing alcohol testing, contacting someone despite a no-contact order, or ignoring license deadlines can create additional problems.
A client should defend the original case without creating a second problem while it is pending.
For one client, keeping a driver’s license may be the greatest concern.
For another, it may be:
A medical license
Employment
A security clearance
International travel
Immigration
College
Reputation
The defense should account for those priorities from the beginning.
These examples describe issues that may arise in criminal-defense matters. They are not promises or descriptions of guaranteed outcomes.
An OWI allegation may be based upon driving behavior, field sobriety testing, officer observations, and a breath or blood test.
The defense may compare the traffic stop, body-camera footage, written reports, chemical-testing documentation, and medical or environmental factors before determining what the evidence supports.
Some criminal accusations depend heavily upon witness credibility.
When witnesses provide different versions of events, the defense may compare:
Witness statements
Body-camera footage
Surveillance recordings
Photographs
Text messages
Digital evidence
Physical evidence
The question becomes which version is supported by the objective evidence.
Healthcare professionals, attorneys, executives, educators, commercial drivers, and other licensed individuals may face consequences beyond the criminal case.
Defense planning may therefore need to address:
Reporting obligations
Professional licensing
Employment policies
Driving privileges
Background checks
Reputation
A felony defendant may initially appear in district court for arraignment, probable-cause proceedings, and preliminary examination.
The defense may investigate the allegations, challenge probable cause, negotiate when appropriate, or prepare the matter for circuit-court litigation.
Matthew has practiced criminal law since 1997.
His prosecution experience provides insight into how criminal cases may be evaluated from the government’s perspective.
His judicial experience provides additional perspective involving legal research, evidence, motions, procedure, and judicial decision-making.
The starting point is the evidence—not simply the accusation.
Clients work directly with Matthew throughout the representation.
Some cases resolve through negotiation.
Others require motions, hearings, or trial.
Thorough preparation strengthens both approaches.
Clients should understand:
What they are charged with
What happens next
What evidence exists
What options are available
What risks need to be addressed
The goal is not merely getting through the next court date.
The strategy should account for the client’s future.
Matthew Fraiberg has maintained involvement with professional legal organizations and has been recognized or listed by independent legal rating and directory services.
Professional affiliations and recognition include:
AV Preeminent®
Martindale
Marquis Who’s Who
Expertise.com
Lawyers of Distinction
These names should link directly to Matthew’s applicable membership, attorney profile, rating, or recognition page whenever a reliable public page is available.
Independent profiles help prospective clients verify information about an attorney from sources beyond the law firm’s own website.
No rating, award, membership, or prior result guarantees the outcome of a future case.
Matthew Fraiberg is a Michigan criminal defense attorney, former city prosecutor, former judicial clerk, and Managing Partner of Fraiberg & Pernie Criminal Defense Attorneys. He has practiced criminal law since 1997 and represents clients throughout Oakland County, Wayne County, Macomb County, and Southeast Michigan.
Matthew has practiced law in Michigan since 1997.
Matthew attended Michigan State University and graduated in 1994.
Matthew attended the University of Toledo College of Law and graduated in 1997.
Yes. Matthew previously served as a city prosecutor. That experience provides insight into how prosecutors evaluate police investigations, evidence, witnesses, negotiations, and criminal charges.
Yes. Matthew also served as a judicial clerk, gaining experience involving legal research, evidence, motions, courtroom procedure, and judicial decision-making.
Matthew is a Michigan criminal defense attorney whose practice includes OWI and DUI defense, felony and misdemeanor defense, domestic violence, assault, drug crimes, probation violations, driver’s license restoration, and expungements.
Yes. OWI and DUI defense are significant areas of his practice. He represents clients facing first-offense OWI, High BAC, repeat OWI, felony OWI, drugged driving, and Implied Consent matters.
Yes. He represents clients charged with felony offenses in Michigan district and circuit courts.
Matthew’s office is in Birmingham, Michigan. He represents clients throughout Oakland County, Wayne County, Macomb County, Metro Detroit, and surrounding Southeast Michigan communities.
Yes. Matthew represents healthcare professionals, executives, business owners, attorneys, educators, commercial drivers, and other individuals whose careers or professional licenses may be affected by criminal charges.
Yes. Matthew represents individuals seeking restoration or clearance of Michigan driving privileges through Michigan Secretary of State proceedings.
Yes. He assists eligible individuals with Michigan conviction set-asides and Clean Slate matters.
It is generally helpful to obtain legal advice as early as possible. Evidence may disappear, video may be overwritten, and deadlines may apply. Early review can also help clarify bond conditions, court dates, driver’s license consequences, and other immediate concerns.
No. No attorney can ethically guarantee a particular outcome. Results depend upon the facts, evidence, law, prosecutor, court, and circumstances of the individual case.
A criminal allegation can affect far more than the next court date.
It may affect your:
Freedom
Driver’s license
Career
Professional license
Reputation
Family
Future
Early legal review can help preserve evidence, identify constitutional or scientific issues, address important deadlines, and provide a clearer understanding of what happens next.
Matthew Fraiberg
Managing Partner
Fraiberg & Pernie Criminal Defense Attorneys
Birmingham, Michigan
Phone: (248) 986-2682
Call (248) 986-2682 to schedule a confidential consultation regarding a Michigan criminal-defense, OWI, driver’s license restoration, or expungement matter.
This page provides general educational information and does not create an attorney-client relationship. Past results, ratings, memberships, and professional recognition do not guarantee a similar outcome in any future case.
If you are facing criminal charges or a DUI in Michigan, you can schedule a confidential consultation by calling (248) 986-2682.
Related Michigan DUI Resources
Ultimate Guide to Michigan DUI Law
Michigan DUI Penalties
Best DUI Lawyers in Michigan
Written by Matthew Fraiberg
Written and reviewed by Matthew Fraiberg, Michigan criminal-defense attorney. Last materially reviewed: August 2026
Michigan Criminal Defense Attorney
28+ years experience



Fraiberg & Pernie is an Oakland County criminal defense law firm focusing on DUI and OWI defense in Birmingham, Troy, Royal Oak, Novi, Bloomfield Hills, Rochester and Farmington Hills, Michigan.
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