Drunk Driving DUI/OWI

Facing DUI or OWI charges in Michigan can lead to more than just a court appearance—it can impact your license, job, finances, and future. At Fraiberg & Pernie, we fight DUI and OWI charges for clients across Oakland County, Macomb County, and Wayne County, tailoring each defense to local judges and courts.

Breathalyzer and Chemical Testing in Michigan DUI Cases

Michigan law allows officers to use preliminary breath tests and evidentiary breath or blood tests to determine intoxication levels. The legal BAC limit is 0.08% for most drivers, 0.04% for commercial drivers, and zero tolerance (0.02% or more) for those under 21.

If you refuse a chemical test, Michigan’s implied consent law kicks in. Your license may be automatically suspended, even without a conviction. But breath tests aren’t always accurate—improper calibration, medical issues, or faulty administration can open doors for defense.

What the State Must Prove in a DUI/OWI Case

To secure a conviction, prosecutors must prove:

1. You were operating a vehicle

2. You were under the influence of alcohol or drugs

They rely on:

• Chemical test results (breath, blood, urine)

• Officer observations (behavior, speech, driving pattern)

• Field sobriety test results

• Dash cam or body cam footage

DUI Charges and Penalties in Michigan

Michigan has strict DUI laws. Even a first offense can result in jail time. Here’s a breakdown of potential charges:

• OWI – First Offense: Up to 93 days in jail, fines up to $500, community service, license suspension, and possible ignition interlock device

• OWI – Second Offense: 5 days to 1 year in jail, fines up to $1,000, vehicle immobilization, and extended license suspension

• OWI – Third Offense (Felony): 1–5 years in prison, up to $5,000 in fines, license revocation, and vehicle forfeiture

• Super Drunk OWI (BAC 0.17%+): Up to 180 days in jail, longer suspension, and mandatory alcohol treatment

• OWVI (Visibly Impaired): Lesser penalties but includes jail time, fines, and license consequences

• OWI Causing Death or Serious Injury: Felony charge, up to 15 years in prison

Long-Term Consequences of a Conviction

DUI and OWI convictions follow you for life. You may lose your driver’s license, face job loss, or struggle to find housing or employment. Auto insurance premiums increase significantly—or worse, you may be denied coverage. In certain Oakland County and Wayne County courts, even first-time offenders face jail time.

Driver’s License Suspension and Appeals

After a DUI conviction, license suspension is common. To restore it, you’ll need to attend a hearing with Michigan’s Driver Assessment and Appeal Division (DAAD). You must demonstrate sobriety, compliance with treatment, and community support.

If denied, you can file an appeal in Circuit Court within the proper timeframe. The court will evaluate whether the DAAD acted fairly or legally. Our attorneys help you present the strongest case possible at both DAAD and Circuit Court hearings.

Defense Strategies We Use

Our team will assess every detail of your case to build a strong defense. Common strategies include:

• Challenging the legality of the traffic stop

• Questioning the validity of breathalyzer or sobriety tests

• Arguing procedural errors

• Identifying medical issues mistaken for intoxication

• Presenting character-based arguments to pursue alternative sentencing

Even when chemical evidence exists, our goal is to reduce or dismiss charges—or minimize sentencing wherever possible.

Areas We Serve in Southeast Michigan

Our DUI defense attorneys represent clients in cities and towns across:

Oakland County: Troy, Royal Oak, Pontiac, Farmington Hills, Bloomfield Hills, Southfield, Ferndale, Auburn Hills, Novi, Hazel Park, Berkley, Madison Heights

Macomb County: Warren, Sterling Heights, Clinton Township, Roseville, St. Clair Shores, Shelby Township, Mount Clemens, Fraser, Eastpointe, Center Line, Harrison Township

Wayne County: Detroit, Dearborn, Livonia, Westland, Taylor, Canton, Allen Park, Inkster, Garden City, Redford, Hamtramck, Romulus, Highland Park

Why Work With Fraiberg & Pernie

At Fraiberg & Pernie, DUI and OWI defense is a major part of what we do. We understand the stress and disruption these charges cause. Our firm provides direct legal support tailored to your unique situation.

We offer aggressive defense with the goal of minimizing consequences and keeping you on the road. Whether you’re facing a first-time OWI or a felony DUI with prior convictions, we are prepared to help you protect your license, your record, and your future.

Contact Fraiberg & Pernie to schedule a consultation and take control of your defense today.