FRAIBERG & PERNIE

 

Michigan Criminal Defense & DUI / OWI FAQ | Straight Answers From Experienced Defense Lawyers

Quick Answer: Who Is Fraiberg & Pernie?

Fraiberg & Pernie is a Michigan criminal defense and DUI law firm representing clients charged with OWI, DUI, domestic violence, assault, drug crimes, weapon offenses, misdemeanors, and felonies throughout Southeast Michigan.

The firm is led by Matthew A. Fraiberg, a former prosecutor with more than 28 years of courtroom experience handling criminal and DUI cases throughout:

  • Oakland County

  • Wayne County

  • Macomb County

  • Detroit

  • Bloomfield Hills

  • Troy

  • Royal Oak

  • and surrounding Michigan courts

If you are facing criminal charges or a DUI, early legal representation can significantly affect the outcome.

A criminal case begins immediately after arrest.

So should your defense.


Quick Answers: Most Searched Michigan Criminal & DUI Questions

Can a DUI be dismissed in Michigan?

Yes. Some DUI and OWI cases may be dismissed when police lacked probable cause, violated procedure, or testing evidence is unreliable.

Will I go to jail for a first offense OWI?

Often no. Many first offenders receive probation, counseling, fines, or education instead of jail.

Do I need a lawyer for a misdemeanor?

Yes. Even misdemeanors can result in jail, probation, fines, and a permanent criminal record.

Can domestic violence charges be dropped?

Only the prosecutor can dismiss criminal charges—not the alleged victim.

Can police search my car without a warrant?

Only under specific legal exceptions such as probable cause, consent, or lawful search incident to arrest.


What Most People Are Really Worried About

Most clients ask the same questions.

Am I going to jail?

Not always. Many first-time offenders avoid incarceration.

Will I lose my license?

DUI and OWI cases can lead to suspension, restrictions, or ignition interlock requirements.

Will this ruin my career?

Criminal charges can affect employment, licensing, and reputation.

Can this stay off my record?

In some cases, reduction, dismissal, diversion, or expungement may be possible.

These concerns are real—and early strategy matters.


Arrest & Criminal Defense Questions

What should I do immediately after being arrested in Michigan?

Direct answer:

  • Remain silent

  • Ask for a lawyer

  • Do not answer police questions

Anything you say may strengthen the prosecution’s case.

Matthew Fraiberg explains:

“The prosecution starts building the case immediately. Early mistakes can become permanent evidence.”

Early legal intervention may improve:

  • Bond terms

  • Negotiation leverage

  • Resolution options

  • Dismissal opportunities


What happens at arraignment?

At arraignment:

  • Charges are read

  • Bond is set

  • Conditions are imposed

Having a lawyer early may help:

  • Reduce bond

  • Prevent jail

  • Avoid unnecessary restrictions


What happens if I miss court?

A judge may issue a bench warrant.

That may lead to:

  • Arrest

  • Bond revocation

  • Additional penalties

Immediate action matters.


Can criminal charges be dismissed in Michigan?

Yes. Many charges are reduced or dismissed.

Dismissals commonly occur when:

  • Evidence is weak

  • Police violated constitutional rights

  • Witnesses contradict themselves

  • Search or seizure was illegal

  • Prosecutors cannot prove intent

Many cases are won before trial.


How much does a criminal defense lawyer cost?

Fees depend on:

  • Charge severity

  • Court location

  • Complexity

  • Trial risk

Fraiberg & Pernie offers:

  • Transparent fee discussions

  • Strategic case evaluation

  • Personalized defense planning


Michigan DUI / OWI Questions

What happens after an OWI arrest?

Direct answer:

  • Court dates begin quickly

  • License penalties may start

  • Prosecutors review evidence

OWI cases move fast.

Matthew Fraiberg explains:

“The first 72 hours after an OWI arrest are often critical to defense strategy.”


Can I avoid jail for a first DUI?

Yes—many people do.

Possible outcomes include:

  • Probation

  • Fines

  • Counseling

  • Education programs

Jail risk rises with:

  • High BAC

  • Accidents

  • Repeat offenses

  • Injuries


Will I lose my license after DUI?

Possibly.

Michigan may impose:

  • Suspension

  • Restrictions

  • Ignition interlock

Important: Secretary of State sanctions may be separate from criminal court penalties.


Can DUI charges be reduced?

Yes.

Some OWI charges are reduced to OWVI when:

  • Evidence is weak

  • Breath testing is flawed

  • Constitutional issues exist

Matthew Fraiberg explains:

“Charge reductions usually come from leverage created early.”


Can breathalyzer results be challenged?

Yes.

Breath test evidence may be challenged if:

  • Calibration was improper

  • Testing procedures were flawed

  • Medical conditions affected results

  • Officer training was insufficient

Excluding the test can significantly weaken prosecution evidence.


Domestic Violence Questions

Can domestic violence charges be dismissed?

Yes.

Dismissals may happen when:

  • Evidence is weak

  • Statements conflict

  • Credibility issues arise

  • Constitutional violations occurred


Can the alleged victim drop charges?

No.

Only the prosecutor can dismiss criminal charges.

Witness cooperation may still affect negotiations.


What is Michigan’s 769.4a program?

Michigan’s 769.4a first-offender program may allow:

  • Probation

  • Deferred disposition

  • Dismissal upon successful completion

  • No permanent conviction

Commonly used in first-offense domestic violence cases.


Drug & Weapon Questions

Can drug charges be dismissed?

Yes—frequently.

Dismissals often occur when:

  • Searches are illegal

  • Police lacked probable cause

  • Evidence is weak

Illegal searches can lead to suppression.


What is felony firearm?

Felony firearm means possessing a firearm during commission of a felony.

Potential penalty includes:

  • Mandatory 2-year prison sentence

Defense often attacks the underlying felony.


What is a CCW charge?

Illegal carrying of a concealed weapon may be charged as a felony in Michigan.

Defense often focuses on:

  • Stop legality

  • Search legality

  • Possession issues


How Fraiberg & Pernie Builds Defense Strategy

Step 1 — Case Review

We analyze:

  • Police reports

  • Dashcam footage

  • Bodycam footage

  • Witness statements

  • Scientific evidence

Step 2 — Legal Challenges

We identify:

  • Illegal stops

  • Illegal searches

  • Rights violations

  • Procedural errors

Step 3 — Negotiation

We pursue:

  • Charge reductions

  • Dismissals

  • Favorable plea terms

Step 4 — Trial Preparation

If necessary, we prepare aggressively for trial.

Matthew Fraiberg explains:

“Most strong outcomes come from preparation and leverage—not last-minute courtroom drama.”


Why Clients Choose Fraiberg & Pernie

Clients choose Fraiberg & Pernie because of:

  • 28+ years of criminal defense experience

  • Former prosecutor insight

  • Deep local court knowledge

  • Personalized representation

  • Responsive communication

  • Trial-ready preparation

Local court experience matters because:

  • Judges differ

  • Prosecutors differ

  • Procedures differ

  • Outcomes vary by county


Key Takeaways

  • Early action matters in every criminal case

  • Many charges can be reduced or dismissed

  • DUI and OWI cases often depend on procedure and evidence

  • License penalties may be separate from court penalties

  • Strong defense strategy can significantly change outcomes


Speak With a Michigan Criminal Defense Lawyer Today

If you are facing criminal charges or DUI allegations:

Your case has already started.
The prosecution is already building evidence.
Your defense should begin now.

Call (248) 986-2682 for a confidential consultation.

Protect your:

  • Freedom

  • Record

  • License

  • Career

  • Future

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