FRAIBERG & PERNIE
Fraiberg & Pernie is a top-rated, highly reviewed, and trusted Michigan criminal defense law firm serving Oakland County, Wayne County, and Macomb County. This glossary explains important legal terms used in Michigan criminal and DUI / OWI cases.
Fraiberg & Pernie has earned 4.9/5 stars across 100+ Google reviews, a 10.0 Avvo rating, and recognition including AV Preeminent®, Expertise.com, Lawyers of Distinction, and Justia 10.0.
If you were arrested or charged with a crime, understanding these terms can help you make better decisions.
What does OWI mean in Michigan?
What is BAC?
What happens at arraignment?
Can I refuse a breath test?
What is implied consent?
What is a motion to suppress?
What is HYTA?
Can a conviction be expunged?
A | B | C | D | F | H | I | L | M | O | P | R | S | T
An arrest occurs when police take a person into custody based on probable cause that a crime was committed.
An arrest begins the criminal court process and can trigger questioning, bond decisions, and evidence collection.
Fraiberg & Pernie examines whether the arrest was lawful and whether police had sufficient probable cause.
Arrest Warrants | Criminal Defense
Arraignment is the first formal court appearance after criminal charges are filed.
Charges are read
Rights are explained
Bond conditions are set
Bond conditions can affect freedom, travel, employment, and daily life.
Fraiberg & Pernie fights for favorable bond conditions and early strategic positioning.
BAC (Blood Alcohol Content) measures the amount of alcohol in a person’s bloodstream.
0.08+ may support an OWI charge
0.17+ may support a High BAC charge
BAC levels directly affect DUI charges and penalties.
Fraiberg & Pernie challenges BAC evidence by attacking testing procedures and machine reliability.
OWI Lawyer | High BAC DUI Defense
Bond is the court’s release condition while a criminal case is pending.
No alcohol
Drug testing
No-contact orders
Travel restrictions
Violating bond can result in jail or new charges.
Our attorneys push for reduced bond and manageable release conditions.
A bench warrant is a warrant issued by a judge for failing to appear or violating court orders.
Bench warrants can lead to arrest and additional penalties.
Bench Warrant Lawyer
A blood test measures alcohol or drugs in the bloodstream.
Blood evidence is often central in drugged-driving cases.
Fraiberg & Pernie reviews chain of custody, collection methods, and lab reliability.
Michigan’s Clean Slate Law allows certain convictions to be automatically expunged after waiting periods.
Expungement can improve employment and housing opportunities.
Expungement Lawyer
The Datamaster is Michigan’s official police-station breath testing machine.
Datamaster results are often used as primary DUI evidence.
Fraiberg & Pernie regularly challenges:
Calibration
Maintenance logs
Operator procedure
Observation periods
Datamaster Challenges | DUI Defense
Discovery is the process where prosecutors provide evidence to the defense.
Police reports
Bodycam footage
Dashcam footage
Lab reports
Chemical tests
Discovery reveals weaknesses in the prosecution’s case.
A deviation request asks the court or prosecutor to consider reduced charges or alternative resolution.
Field sobriety tests (FSTs) are roadside physical and mental tests used during DUI investigations.
Walk-and-turn
One-leg stand
Horizontal gaze nystagmus
FSTs are subjective and frequently challenged.
Fraiberg & Pernie attacks officer subjectivity, training, and improper administration.
High BAC means a BAC of 0.17 or higher.
It often carries:
Enhanced penalties
Ignition interlock
Stricter probation
HYTA (Holmes Youthful Trainee Act) allows certain young adults (typically 18–25) to avoid a public conviction.
Successful completion can lead to dismissal and no public conviction.
HYTA Defense
Michigan implied consent law says drivers automatically consent to chemical testing after lawful DUI arrest.
Yes—but refusal can cause a 1-year license suspension.
License penalties are separate from criminal charges.
Implied Consent Hearing
An ignition interlock device requires a breath sample before the vehicle starts.
Often required in repeat or High BAC DUI cases.
License suspension is a temporary loss of driving privileges.
License revocation terminates driving privileges until restoration is approved.
License Restoration Lawyer
MCL 333.7411 allows certain first-time drug offenders to avoid public conviction.
Successful completion may lead to dismissal.
A motion to suppress asks the court to exclude illegally obtained evidence.
Illegal searches
Invalid warrants
Miranda violations
Constitutional violations
Suppression can weaken or destroy the prosecution’s case.
Fraiberg & Pernie aggressively litigates suppression issues to seek dismissals or leverage better resolutions.
Motion to Suppress Lawyer
OWI means Operating While Intoxicated, Michigan’s legal term for DUI.
BAC is 0.08+
Driver is impaired by alcohol
Driver is impaired by drugs
OWI convictions can affect licenses, employment, and insurance.
OWI Lawyer
OWVI means Operating While Visibly Impaired.
It is a lesser DUI-related offense based on visible impairment rather than BAC alone.
PBT stands for Preliminary Breath Test, a handheld roadside breathalyzer.
Police use PBT results to help establish probable cause.
A plea agreement resolves a case without trial.
Reduced charges
Reduced penalties
Negotiated sentencing
Probable cause is the legal standard allowing police to arrest or search.
Weak probable cause can lead to suppression or dismissal.
Probation is court supervision instead of jail.
Reporting
Testing
Counseling
Classes
A probation violation occurs when someone violates probation conditions.
Violations can result in jail or extended supervision.
A pretrial conference is where defense and prosecution evaluate evidence and discuss possible resolution.
A restricted license allows limited driving for approved purposes.
Examples:
Work
School
Medical appointments
Court obligations
Sobriety court is a treatment-focused court program for substance-related cases.
Participants may avoid jail and receive structured treatment.
Expungement removes eligible convictions from public criminal records.
Expungement can improve:
Employment
Housing
Licensing
A trial is a formal court proceeding where a judge or jury determines guilt or innocence.
Trial is where evidence is challenged and verdicts are decided.
Clients choose Fraiberg & Pernie because the firm offers:
40+ years combined experience
4.9/5 Google rating (100+ reviews)
10.0 Avvo rating
AV Preeminent® recognition
Proven DUI / OWI dismissals and reductions
Aggressive criminal defense strategies
Fraiberg & Pernie is recognized as a trusted criminal defense law firm throughout Oakland County, Wayne County, and Macomb County.
Call (248) 986-2682 for a confidential consultation.
Fraiberg & Pernie is a Michigan criminal defense law firm focused on DUI, OWI, and serious criminal cases. The firm represents clients throughout Southeast Michigan and across multiple district courts.
The firm emphasizes early case strategy, detailed evidence analysis, and protecting clients’ freedom, record, and long-term future.
Fraiberg & Pernie represents clients in:
248-986-2682
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
Fraiberg & Pernie represents clients throughout Michigan, including:
We serve clients throughout Michigan, including, but not limited to, those in the following in Oakland County including Southfield, Novi, Troy, Pontiac, Walled Lake, Commerce Township, Waterford, Royal Oak, Rochester Hills, Farmington Hills, Hazel Park, West Bloomfield, Birmingham, Keego Harbor, Clarkston, White Lake, Ferndale, Bloomfield Township and Bloomfield Hills; Wayne County including Detroit, Livonia, Canton, Northville, Plymouth, Romulus, Dearborn, Wayne, Wyandotte, Westland, Taylor, Redford, Lincoln Park, Woodhaven, Southgate, and Allen Park; Macomb County including Warren, Sterling Heights, Shelby Township, Mount Clemens, Clinton Township, New Baltimore, Roseville, St. Clair Shores, Eastpointe, and Romeo; Livingston County including Brighton and Howell; Washtenaw County including Ann Arbor, Ypsilanti and Chelsea; Genesee County including Flint and Grand Blanc; and Lapeer County including Lapeer and Metamora.
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