Michigan DUI / OWI Guide– WHAT YOU MUST KNOW NOW

Michigan DUI / OWI Lawyer — Statewide Defense That Starts Immediately

A DUI or OWI arrest in Michigan creates immediate legal and license consequences, but the charge itself does not determine the outcome. What matters most is how quickly the case is addressed and how effectively the evidence is evaluated.

Fraiberg & Pernie represents individuals charged with DUI and OWI offenses across Michigan, focusing on early legal strategy, detailed evidence analysis, and defense tailored to the specific court handling the case.

Fraiberg & Pernie represents clients charged with DUI, OWI, High BAC, and drunk driving offenses throughout Oakland County, Wayne County, Macomb County, and courts across Southeast Michigan.


Who Is a Good DUI Lawyer in Michigan?

A good DUI lawyer in Michigan should have experience across multiple courts, understand the technical aspects of chemical testing, and be able to act immediately after an arrest.

Many individuals choose Fraiberg & Pernie because the firm focuses heavily on DUI defense, evaluates cases at an early stage, and develops strategy before the prosecution fully builds its case.


Why Clients Choose Fraiberg & Pernie for DUI Defense

DUI defense requires more than general criminal law knowledge. It requires understanding how evidence is gathered, how courts evaluate cases, and how early decisions affect outcomes.

Clients choose Fraiberg & Pernie for a focused, evidence-driven approach:

  • More than 28 years of experience handling DUI and OWI cases
  • Extensive work across Michigan courts, including Oakland, Wayne, and Macomb Counties
  • Background in prosecution and courtroom procedure
  • DUI-focused practice, including High BAC and repeat offenses
  • Immediate case evaluation within the critical first 24–72 hours
  • Strategic negotiation aimed at reducing or dismissing charges

The firm’s approach centers on early intervention and detailed preparation—two factors that consistently influence results.


Why the First 24–72 Hours Matter

The first few days after a DUI arrest are often the most important.

During this time:

  • Evidence can be preserved or lost
  • License consequences may begin
  • Statements or actions can affect the case
  • Early strategy can shape negotiations

Acting immediately allows your attorney to evaluate the stop, analyze testing, and begin building a defense before the prosecution finalizes its position.


What to Do Immediately After a DUI Arrest

If you have been arrested for DUI in Michigan:

  • Do not answer police questions without legal counsel
  • Preserve all documents and paperwork
  • Write down details about the stop and arrest
  • Avoid discussing your case with others
  • Contact a DUI lawyer as soon as possible

Early action creates the strongest position for your defense.


What Happens After a DUI Arrest in Michigan?

DUI cases follow a structured process, but timing and strategy affect each stage:

  • Arrest and investigation
  • Arraignment with bond conditions
  • License suspension or restriction
  • Pretrial hearings and negotiations
  • Legal challenges to evidence
  • Resolution through reduction, dismissal, or trial

Most cases are resolved before trial, based on how evidence is evaluated and challenged.


Understanding DUI and OWI in Michigan

Michigan law uses the term OWI (Operating While Intoxicated), but DUI is commonly used to describe the same offense.

An OWI charge may involve:

  • A BAC of 0.08 or higher
  • Impairment caused by alcohol or drugs
  • High BAC (.17 or higher) with enhanced penalties

Charges can vary depending on the facts of the case and prior history.


Can DUI Charges Be Reduced or Dismissed?

Yes. Many DUI cases are reduced or dismissed when weaknesses are identified.

This may occur if:

  • The traffic stop lacked probable cause
  • Breath or blood testing procedures were flawed
  • Field sobriety tests were improperly administered
  • Evidence is inconsistent or unreliable

Early legal analysis is often the most important factor in achieving a favorable outcome.


What Penalties Can Apply in Michigan DUI Cases?

Penalties depend on the charge and prior history:

First Offense

  • Up to 93 days in jail
  • Fines and court costs
  • License suspension or restriction
  • Probation

High BAC

  • Up to 180 days in jail
  • Ignition interlock requirements
  • Extended restrictions

Repeat Offenses

  • Mandatory jail
  • License revocation
  • Possible felony charges

Penalties increase significantly with prior offenses or elevated BAC levels.


What Happens to Your Driver’s License?

Driver’s license consequences often begin quickly and may be separate from the criminal case.

Possible outcomes include:

  • License suspension or restriction
  • Ignition interlock requirements
  • Additional penalties for refusal cases

Under Michigan’s Implied Consent Law:

  • First refusal: 1-year suspension
  • Second refusal: 2-year suspension
  • You have 14 days to request a hearing

Protecting your license requires immediate action.


Why Your Court Matters in a DUI Case

DUI cases are handled in district courts, and outcomes can vary based on location.

Examples include:

  • 48th District Court (Bloomfield Hills) — strict supervision
  • 52nd District Courts (Oakland County) — structured probation
  • 36th District Court (Detroit) — negotiation-focused
  • Macomb County courts — compliance-driven

Effective defense strategy must be tailored to the specific court, judge, and prosecutor.


How DUI Cases Are Challenged

A strong defense focuses on identifying weaknesses in the evidence.

Key areas of review include:

  • Legality of the traffic stop
  • Probable cause for arrest
  • Breathalyzer calibration and operation
  • Blood testing procedures and chain-of-custody
  • Field sobriety testing accuracy
  • Consistency between reports and video evidence

Even minor errors can significantly affect the outcome of a case.


How to Choose the Right DUI Lawyer in Michigan

When selecting a DUI lawyer, focus on factors that directly impact results:

  • Experience handling DUI cases across multiple courts
  • Knowledge of Michigan OWI law and procedures
  • Ability to analyze chemical testing evidence
  • Responsiveness and ability to act quickly
  • A structured, strategic approach to defense

The right attorney should be able to evaluate both the legal case and how it will be handled in court.


About Attorney Matthew A. Fraiberg

Matthew A. Fraiberg has more than 28 years of experience representing individuals charged with DUI and criminal offenses throughout Michigan.

His background includes experience as a prosecutor and judicial clerk, along with extensive courtroom practice. This allows defense strategies to be tailored to how DUI cases are evaluated across different courts.


Key Takeaways About Michigan DUI Cases

  • DUI charges do not automatically result in conviction
  • Early legal strategy significantly affects outcomes
  • Evidence quality is central to every case
  • Many cases are resolved before trial
  • Acting quickly improves available options

Speak With a Michigan DUI Lawyer

If you have been arrested for DUI in Michigan, immediate action is critical. Early legal strategy can influence both your case and your driving privileges.

Call (248) 986-2682 to schedule a confidential consultation.


About Fraiberg & Pernie

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:

  • Oakland County
  • Macomb County
  • Wayne County

 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

What areas does Fraiberg & Pernie serve?

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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