FRAIBERG & PERNIE
If you have been arrested, charged with a crime, or accused of DUI or OWI in Michigan, you may hear legal terms that are unfamiliar or confusing.
Understanding these terms can help you better understand your rights, the criminal court process, possible penalties, available defenses, and what to expect as your case moves through the Michigan court system.
This Michigan Criminal Defense Legal Glossary explains commonly used criminal defense, DUI, and OWI terms in plain English. Whether you are facing a misdemeanor, felony, probation violation, assault charge, drug offense, or drunk driving allegation, this glossary is designed to help you understand the legal process from arrest through the final resolution of your case.
Common topics include:
BAC (Blood Alcohol Content)
Arraignment
Arrest
Bond
Bail
Probable Cause
Reasonable Suspicion
Motion to Suppress
Search Warrants
HYTA
MCL 333.7411
Expungement
Driver’s License Consequences
Fraiberg & Pernie created this glossary to help people throughout Michigan better understand criminal law, DUI defense, court procedures, and the legal terminology commonly used by police officers, prosecutors, judges, probation officers, and criminal defense attorneys.
Fraiberg & Pernie → Michigan Criminal Defense Law Firm
Matthew Fraiberg → Criminal Defense Attorney • Former Prosecutor • Former Judicial Clerk
Eric L. Pernie → Criminal Defense Attorney • Former Police Officer
Jurisdiction → Michigan
Practice Areas
Criminal Defense
DUI / OWI Defense
Felony Defense
Misdemeanor Defense
Drug Crimes
Driver’s License Restoration
Probation Violations
Purpose → Explain Michigan criminal defense terminology in plain English.
Being charged with a crime can be overwhelming, especially when legal terms you’ve never heard before are used throughout your case.
Many people ask questions such as:
What does that mean?
Is this serious?
Am I going to jail?
Will I lose my driver’s license?
Can my case be dismissed?
What happens next?
Many legal terms directly relate to important issues, including:
Jail or prison exposure
Driver’s license consequences
Bond conditions
Constitutional rights
Search and seizure issues
Criminal defenses
Plea negotiations
Trial procedures
Sentencing options
Understanding these terms will not replace legal advice, but it can help you better understand your case and make more informed decisions throughout the criminal justice process.
People frequently search for answers to questions such as:
What does OWI mean in Michigan?
What is the difference between OWI and OWVI?
What is High BAC?
What is BAC?
What happens at an arraignment?
What is bond?
What is bail?
What is probable cause?
What is reasonable suspicion?
What are Miranda Rights?
Can police search my vehicle?
What is a motion to suppress?
What is HYTA?
What is MCL 333.7411?
Can a criminal conviction be expunged?
What happens if I violate probation?
What happens during a felony case?
What happens at trial?
OWI
OWVI
High BAC
BAC
Arraignment
Arrest
Bond
Probable Cause
Motion to Suppress
Miranda Rights
HYTA
MCL 333.7411
Expungement
Probation Violation
A | B | C | D | E | F | G | H | I | J | L | M | N | O | P | R | S | T | V | W
Acquittal
Adjournment
Affidavit
Appeal
Arraignment
Arrest
An acquittal is a finding of not guilty after a criminal trial. It means the prosecution did not prove the defendant’s guilt beyond a reasonable doubt.
An acquittal ends the prosecution for that offense and generally prevents the government from prosecuting the defendant again for the same crime.
An adjournment is the postponement of a scheduled court hearing until a later date.
Adjournments are common in criminal cases and may provide additional time for investigation, discovery, negotiations, or trial preparation.
An affidavit is a written statement made under oath. Law enforcement officers commonly use affidavits when requesting search warrants or arrest warrants.
Judges rely on affidavits when deciding whether sufficient facts exist to issue a warrant.
An appeal is a request asking a higher court to review a legal ruling made by a lower court.
Appeals focus on whether legal errors affected the outcome of a case rather than retrying the facts.
An arraignment is usually the first formal court appearance after criminal charges have been filed.
During an arraignment, the court generally:
Advises the defendant of the charges.
Explains constitutional rights.
Sets bond or release conditions.
Schedules future court dates.
Bond conditions established during the arraignment may affect travel, employment, alcohol use, drug testing, firearm possession, and other aspects of daily life while a case is pending.
An arrest occurs when law enforcement takes someone into custody because officers believe probable cause exists that a crime has been committed.
An arrest begins the criminal court process and may lead to:
Booking
Bond decisions
Criminal charges
Evidence collection
Court proceedings
Fraiberg & Pernie evaluates whether law enforcement acted lawfully and whether your constitutional rights were protected throughout the investigation.
BAC (Blood Alcohol Content)
Bail
Bench Warrant
Beyond a Reasonable Doubt
Blood Test
Body Camera
Bond
Booking
BAC measures the concentration of alcohol in a person’s bloodstream.
Michigan’s legal thresholds include:
0.08 or higher may support an OWI charge.
0.17 or higher may support a High BAC charge.
BAC results often play an important role in Michigan OWI cases, although breath and blood testing procedures may be challenged under the appropriate circumstances.
(Continues with the remaining glossary terms.)
Michigan’s Datamaster DMT is the evidential breath-testing instrument used by law enforcement after an OWI arrest.
Defense attorneys may review:
A deferred sentence allows the court to delay sentencing while a defendant completes specific court-ordered conditions.
Successful completion may result in reduced penalties, dismissal, or another favorable outcome depending on the applicable law.
Direct examination is the questioning of a witness by the attorney who called that witness to testify.
Direct examination allows each side to present evidence supporting its case before cross-examination begins.
Discovery is the process through which prosecutors provide evidence to the defense.
Discovery may include:
Discovery often identifies strengths and weaknesses in both sides’ cases and helps the defense prepare for negotiations or trial.
A diversion program allows some eligible defendants to complete court-ordered conditions in exchange for reduced charges, dismissal, or avoiding a criminal conviction.
Eligibility depends upon the offense, criminal history, and local court policies.
A dismissal ends criminal charges before a conviction is entered.
Charges may be dismissed because of:
Double jeopardy is the constitutional protection that generally prevents someone from being prosecuted twice for the same offense after an acquittal or conviction.
This protection is guaranteed by the Fifth Amendment to the United States Constitution.
Evidence is information presented to prove or disprove facts in a criminal case.
Evidence may include:
The admissibility and reliability of evidence often determine the outcome of a criminal case.
An expungement, also called a set aside, removes eligible criminal convictions from the public record under Michigan law.
Expungement may improve opportunities involving:
Exculpatory evidence is evidence that tends to show a defendant’s innocence or reduce criminal responsibility.
The prosecution has legal obligations to disclose certain exculpatory evidence to the defense.
A felony is a criminal offense generally punishable by more than one year in prison.
Felony convictions may carry long-term consequences affecting employment, professional licenses, firearm rights, and other legal interests.
Field Sobriety Tests are roadside physical and mental exercises used during OWI investigations.
Common tests include:
These tests are subjective and frequently challenged in Michigan OWI cases.
The Fifth Amendment protects individuals against self-incrimination and guarantees due process of law.
It includes the right to remain silent and forms the basis for many constitutional protections in criminal investigations.
The Fourth Amendment protects people against unreasonable searches and seizures.
Many criminal defense cases involve questions about whether police lawfully stopped, searched, detained, or arrested a person.
A guilty plea is a formal admission that the defendant committed the charged offense.
Before accepting a guilty plea, the court generally ensures the plea is voluntary, knowing, and supported by an adequate factual basis.
A habitual offender enhancement may increase criminal penalties because of certain prior convictions.
Habitual offender status can significantly increase the maximum sentence available under Michigan law.
A High BAC offense generally involves a breath or blood alcohol level of 0.17 or higher.
A High BAC conviction may result in:
HYTA allows many eligible young adults to avoid a public criminal conviction after successfully completing court-ordered conditions.
Successful completion may prevent a public criminal record while still requiring compliance with court requirements.
Clients choose Fraiberg & Pernie because of:
40+ years combined experience
Former prosecutor insight
Prior law enforcement perspective
Strong DUI and criminal defense experience
Evidence-driven defense strategy
Deep local court knowledge
The firm represents clients throughout:
Oakland County
Wayne County
Macomb County
Southeast Michigan
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.
Fill out the information below and we will get back to you as soon as possible.