FRAIBERG & PERNIE
If you were arrested for DUI or OWI in Oakland County, Michigan, the case may affect your driver’s license, employment, professional licensing, insurance, criminal record and freedom.
Michigan law applies statewide, but DUI and OWI cases are handled in individual Oakland County district courts with their own judges, prosecutors, procedures, bond conditions and probation practices.
Depending on the facts of the case, a person charged with OWI may face:
Jail exposure
Probation
Fines and court costs
Driver’s-license sanctions
Alcohol or drug testing
Substance-abuse assessment or treatment
Community service
Ignition-interlock requirements in certain cases
Increased insurance costs
A permanent criminal record if convicted
An OWI arrest is not a conviction.
The prosecution still has to prove the charge, and the evidence should be examined before decisions are made about how to resolve the case.
Fraiberg & Pernie represents people charged with DUI and OWI throughout Oakland County, Michigan.
Law Firm: Fraiberg & Pernie
Practice Area: DUI / OWI Defense
Attorney: Matthew Fraiberg
Location: Oakland County, Michigan
Attorney Experience: Practicing in Michigan since 1997
Professional Background: Criminal defense attorney, former prosecutor and former judicial clerk
Common Charges: OWI, OWVI, High BAC, second-offense OWI, felony third-offense OWI, drugged driving and implied-consent matters
Common Concerns: Jail, probation, driver’s-license sanctions, employment, professional licensing and criminal record
Oakland County DUI cases should be taken seriously.
Based on Fraiberg & Pernie’s experience handling criminal and OWI matters in Oakland County, defendants may encounter detailed bond conditions and close attention to compliance, particularly when a case involves alcohol, controlled substances, prior offenses or aggravating circumstances.
Depending on the court and individual case, bond conditions may involve:
Alcohol testing
Drug testing
Restrictions on alcohol or controlled substances
Travel restrictions
Treatment or counseling
No-contact conditions
Other conditions ordered by the court
The exact conditions depend on the judge, charge, criminal history and circumstances.
One of the most important lessons after an OWI arrest is simple:
Do not create a second problem while defending the first one.
Missing tests, violating bond conditions or failing to appear in court can complicate an otherwise defensible case.
Michigan OWI law is statewide.
But every Oakland County DUI case is handled by a particular:
District court
Judge
Prosecutor
Police department
Probation department
That means effective representation requires more than knowing the OWI statute.
A defense lawyer should also understand:
Local court procedures
Arraignment practices
Bond procedures
Testing requirements
Prosecutorial practices
Motion procedures
Probation practices
Sentencing considerations
Available diversion or treatment programs when applicable
Court familiarity does not guarantee a particular result.
It can help an attorney anticipate what happens next and prepare the client accordingly.
Matthew Fraiberg is a Michigan criminal defense attorney and Oakland County DUI lawyer who has practiced law since 1997.
He is the managing partner of Fraiberg & Pernie and has more than 28 years of legal experience.
His professional background includes:
Criminal defense attorney
Former City Prosecutor
Former Judicial Clerk
Former Assistant Legal Research Clerk working with Oakland County Circuit Court judges
Extensive experience handling Michigan DUI, OWI and criminal cases
Fraiberg’s approach begins with a fundamental question:
What does the evidence actually prove?
The police report is important.
But it is only one part of the evidence.
A complete OWI defense may require examination of:
Body-camera video
Dash-camera video
911 recordings
Witness statements
Field sobriety testing
Breath-test records
Blood-test records
Laboratory documentation
Police reports
Search warrants
Officer training
Chemical-testing procedures
Constitutional issues
The objective is to determine whether the prosecution can actually prove every required element of the charge.
A DUI defense should begin with the events leading up to the arrest and continue through the chemical testing and prosecution.
Police generally need a lawful reason to stop a vehicle.
Potential issues can involve:
Alleged lane violations
Speeding
Equipment violations
Anonymous or citizen reports
Accident investigations
Driving behavior
Whether the officer personally observed a violation
If a stop violated constitutional protections, evidence obtained as a result may become subject to challenge.
Being stopped for a traffic violation does not automatically establish intoxication.
The defense may examine observations such as:
Odor of alcohol
Speech
Eyes
Balance
Driving behavior
Statements
Passenger observations
Video evidence
Officer conclusions should be compared against the objective evidence.
An officer needs sufficient legal grounds before making an OWI arrest.
The defense may evaluate:
Driving observations
Officer observations
Field sobriety tests
Preliminary breath testing
Statements
Video evidence
Witness information
Other circumstances relied upon by police
An arrest does not establish guilt.
Field sobriety tests can become an important part of an OWI prosecution.
But the results should be examined in context.
Relevant factors may include:
Whether instructions were properly explained
Whether the tests were properly administered
Road surface
Weather
Lighting
Footwear
Medical conditions
Physical limitations
Age
Nervousness
Officer demonstration
Actual performance shown on video
Body-camera footage can be particularly valuable because it allows the defense to compare the officer’s written description with what actually occurred.
Police reports summarize events from the officer’s perspective.
Video can provide an independent record.
Sometimes video strongly supports the prosecution.
Sometimes it reveals information that is absent from the report.
Examples can include:
Normal speech
Steady balance
Proper responses to questions
Confusing instructions
Testing conditions
Differences between written observations and recorded conduct
Statements by witnesses or passengers
Events occurring before or after the arrest
For that reason, an OWI defense should not automatically be evaluated from the police report alone.
The evidence itself should be reviewed.
Michigan’s High BAC offense applies to certain first-offense cases involving an alleged blood alcohol concentration of 0.17 or higher.
A High BAC conviction carries enhanced potential consequences compared with an ordinary first-offense OWI.
Michigan currently provides for consequences that can include:
Up to 180 days in jail
Increased fines
Up to 360 hours of community service
Six points
A one-year driver’s-license suspension
Mandatory alcohol treatment
Ignition-interlock requirements for a restricted license following the initial suspension period
Michigan State Police confirms that the High BAC threshold is 0.17 or higher.
A 0.17-or-higher result does not eliminate possible defenses.
The defense should still examine:
Traffic stop
Probable cause
Testing method
Breath or blood procedures
Timing
Documentation
Video
Constitutional issues
A person charged with a first OWI often asks:
Am I going to jail?
Jail is legally possible, but a first OWI charge does not automatically mean that a person will be incarcerated.
The outcome depends on circumstances such as:
Exact charge
BAC
Driving behavior
Accident
Injuries
Prior record
Compliance with bond
Evidence
Legal issues
Mitigating circumstances
For an ordinary first offense with a BAC below 0.17, Michigan identifies potential penalties that include up to 93 days in jail, a fine of up to $500, community service, driver’s-license sanctions and six points.
Every case should be evaluated individually.
A second OWI allegation is significantly more serious than a first offense.
Repeat-offense cases can create increased risks involving:
Jail
Probation
Driver’s-license revocation
Vehicle consequences
Treatment
Testing
Employment
Professional licensing
Prior convictions and the dates of those offenses can become legally important.
The defense should verify the prior record rather than simply assume the charging document is correct.
A qualifying third-offense OWI can be prosecuted as a felony in Michigan.
Felony OWI cases raise substantially greater concerns involving:
Potential incarceration
Felony record
Driver’s-license revocation
Probation or supervision
Vehicle consequences
Employment
Professional licensing
Firearm rights and other collateral consequences
A felony OWI prosecution generally begins in district court.
Proceedings can include:
Arraignment
Bond determination
Probable cause conference
Preliminary examination
If the case is bound over, subsequent felony proceedings generally occur in the Oakland County Circuit Court in Pontiac.
Not every Michigan alcohol-related driving offense is charged or resolved as OWI.
Michigan also recognizes Operating While Visibly Impaired, commonly abbreviated OWVI.
An OWVI allegation focuses on whether alcohol or another intoxicating substance visibly impaired the person’s ability to operate the vehicle.
Depending on the circumstances, OWVI may arise as the original charge or as part of negotiations in an OWI case.
Whether a reduction is available depends on the individual facts and prosecution.
Possibly. There is no automatic reduction.
Potential resolutions depend on factors including:
Evidence
BAC
Prior record
Accident or injury
Legal issues
Prosecutor
Court
Defendant’s conduct
Mitigation
Strength of the defense
Some cases result in negotiated reductions.
Some are dismissed.
Some involve motions.
Some proceed to trial.
A defense attorney should first determine whether the prosecution’s evidence can be challenged before deciding that a plea is the best strategy.
Yes, an OWI charge can potentially be dismissed when the facts or law justify dismissal.
Possible issues can include:
Illegal traffic stop
Lack of probable cause
Suppressed evidence
Unlawful search
Inadmissible statements
Unreliable chemical evidence
Missing evidence
Witness problems
Constitutional violations
Insufficient evidence
No ethical attorney can promise that an OWI charge will be dismissed.
The relevant question is:
What weaknesses exist in the prosecution’s case, and how can those weaknesses be used?
Michigan’s implied-consent law can create driver’s-license consequences separate from the criminal OWI case.
A first qualifying refusal can result in a one-year driver’s-license suspension, while a second refusal within seven years can result in a two-year suspension.
These matters may involve separate administrative procedures and deadlines.
That makes prompt review important.
A person dealing with an alleged chemical-test refusal should not assume that resolving the criminal case automatically resolves the driver’s-license issue.
For many clients, driving privileges are one of the biggest concerns.
Michigan OWI cases can potentially involve:
Suspension
Restricted driving privileges
Revocation
Points
Ignition interlock
License restoration proceedings
The exact sanction depends on the offense, prior record and circumstances.
Fraiberg & Pernie handles matters involving:
OWI-related driver’s-license consequences
Implied-consent issues
High BAC restricted licenses
Ignition-interlock issues
Revoked licenses
Driver’s-license restoration
In some cases, the driver’s-license consequences can affect a client’s life as much as the criminal sentence.
Oakland County contains numerous district courts.
The court handling an OWI case generally depends on where the alleged offense occurred—not where the defendant lives.
Fraiberg & Pernie represents clients throughout Oakland County, including cases in:
Serving portions of Oakland County through divisions located in:
Ferndale
Hazel Park
Madison Heights
Serving:
Royal Oak
Berkley
Serving:
Oak Park
Huntington Woods
Pleasant Ridge
Royal Oak Township
Serving communities including:
Southfield
Lathrup Village
Beverly Hills
Bingham Farms
Franklin
Southfield Township
Serving:
Farmington
Farmington Hills
Serving:
Birmingham
Bloomfield Hills
Bloomfield Township
West Bloomfield Township
Keego Harbor
Orchard Lake Village
Sylvan Lake
Oakland County confirms that the 48th District Court serves these seven communities.
Serving the City of Pontiac.
Serving Waterford Township.
Serving communities including:
Novi
Novi Township
Wixom
Walled Lake
South Lyon
Commerce Township
Highland Township
Lyon Township
Milford Township
Milford
Wolverine Lake
Oakland County portion of Northville Township
Oakland County lists these communities within the 52-1 District Court’s geographic jurisdiction.
Serving communities including:
Independence Township
White Lake Township
Springfield Township
Brandon Township
Holly Township
Groveland Township
Rose Township
Clarkston
Holly
Ortonville
Oakland County confirms this jurisdiction for the 52-2 District Court.
Serving:
Rochester
Rochester Hills
Auburn Hills
Oakland Township
Orion Township
Oxford Township
Addison Township
Lake Angelus
Lake Orion
Oxford
Leonard
The official Oakland County court page confirms that 52-3 handles misdemeanor offenses, including operating while intoxicated, in these communities.
Serving:
Troy
Clawson
Oakland County confirms that 52-4 handles criminal cases and traffic misdemeanors including operating while intoxicated for Troy and Clawson.
Although procedures vary depending on the court and circumstances, a misdemeanor OWI case commonly involves several stages.
The defendant is formally advised of the charge.
The court may address:
Plea
Bond
Alcohol testing
Drug testing
Travel
Other conditions of release
Compliance with bond conditions is important.
The defense can obtain and evaluate evidence such as:
Police reports
Body-camera recordings
Dash-camera recordings
911 calls
Witness statements
Breath-test documentation
Blood-test records
Laboratory reports
Photographs
Accident reconstruction
Search warrants
The case should be evaluated based on the evidence—not merely the accusation.
The defense and prosecution can discuss the case while evidence is reviewed.
Potential issues may be identified and negotiations may occur.
A pretrial conference does not necessarily mean a defendant should plead guilty.
When legally justified, the defense may challenge:
Traffic stop
Detention
Arrest
Search
Statements
Breath evidence
Blood evidence
Other evidence
A successful motion can substantially change the prosecution’s case.
Depending on the evidence, cases can conclude through:
Dismissal
Reduction
Negotiated plea
Trial
Other legally available resolution
The appropriate strategy depends on the individual case.
What someone does after the arrest can affect the case.
Avoid these common mistakes:
Missing alcohol or drug tests
Violating bond conditions
Driving on a suspended or restricted license
Missing court dates
Posting details of the case on social media
Contacting witnesses when prohibited
Deleting texts, photographs or other evidence
Assuming the police report is completely accurate
Ignoring driver’s-license notices
Giving additional statements without understanding the consequences
Pleading guilty before the evidence is reviewed
Waiting too long to investigate the case
A preventable post-arrest mistake can make an existing case more difficult.
Consider taking the following steps:
Read and follow every bond condition.
Save every document you received from police or the court.
Preserve photographs, texts, receipts, videos and other evidence.
Write down what happened while your memory is fresh.
Identify potential witnesses.
Do not discuss the case publicly or on social media.
Address driver’s-license deadlines immediately.
Have the police reports and video reviewed.
Determine whether the stop, arrest and chemical testing can be challenged.
Develop a strategy before deciding how the case should be resolved.
Most criminal cases are not transformed by a single dramatic courtroom moment.
They are built through preparation.
That can involve:
Traffic-stop analysis
Was there a lawful basis for the stop?
Probable-cause analysis
Was there sufficient evidence to make the arrest?
Video review
Does the body-camera or dash-camera footage support the written police report?
Scientific review
Is the breath or blood evidence reliable and admissible?
Constitutional analysis
Were the defendant’s Fourth, Fifth or Sixth Amendment rights implicated?
Witness analysis
Are witness statements reliable and consistent?
Mitigation
Are there circumstances that should influence negotiation or sentencing?
Trial preparation
Can the prosecution actually prove the charge beyond a reasonable doubt?
Strong negotiation often begins with understanding exactly where the prosecution’s case is vulnerable.
A lawyer handling an Oakland County OWI case should understand more than the statutory penalties.
Consider asking:
How much of your practice involves criminal defense?
How often do you handle OWI cases?
How familiar are you with Oakland County district courts?
Will you personally review the body-camera video?
Will you review the chemical-testing evidence?
Do you handle implied-consent matters?
Do you handle driver’s-license restoration?
How do you evaluate field sobriety evidence?
How do you decide whether a motion should be filed?
Are you prepared to take the case to trial if necessary?
Who will actually appear with me in court?
The attorney should be able to explain both the potential risks and the defense strategy in understandable terms.
People commonly use the term DUI, but Michigan law primarily uses the term Operating While Intoxicated, or OWI.
For most drivers age 21 or older, Michigan law prohibits operating with a BAC of 0.08 or higher. Michigan also has enhanced penalties for certain first offenses involving a BAC of 0.17 or higher.
Not simply because the BAC is 0.17 or higher.
Michigan’s High BAC law provides enhanced penalties for qualifying first offenses, but High BAC alone does not automatically make a first OWI a felony.
Potentially. Michigan authorities state that a driver may be arrested at a lower BAC when the evidence indicates impairment.
Jail is legally possible, but a first OWI arrest does not automatically result in incarceration.
The outcome depends on the charge, evidence, BAC, circumstances, prior history and other factors.
Yes, some cases result in negotiated reductions, but no reduction is automatic.
The evidence should be reviewed before deciding whether negotiation is the best strategy.
Yes, dismissal can occur when legal or evidentiary problems undermine the prosecution’s case.
No attorney can guarantee dismissal.
Simply leaving a bar does not by itself establish intoxicated driving.
Police need a legally sufficient basis for the stop.
Yes.
Their administration, instructions, conditions and interpretation can be examined along with body-camera or dash-camera footage.
Breath evidence can be reviewed for procedural, evidentiary and legal issues.
Whether a challenge will succeed depends on the facts.
Yes.
Issues may involve the blood draw, warrant, chain of custody, laboratory procedures, testing method and admissibility.
That discrepancy can become important defense evidence.
The significance depends on what the video shows and what issue is being disputed.
Not necessarily.
The driver’s-license consequences depend on the charge, chemical test, prior history, implied-consent issues and eventual disposition.
An alleged refusal under Michigan’s implied-consent law can lead to a separate driver’s-license proceeding.
A first refusal may result in a one-year suspension, and deadlines can apply.
OWVI means Operating While Visibly Impaired.
It is a separate Michigan alcohol or drug-related driving offense.
Michigan’s High BAC law applies to certain first-offense cases involving an alleged BAC of 0.17 or higher and carries enhanced potential penalties.
A repeat OWI can carry significantly increased criminal and driver’s-license consequences.
The prior record and offense dates should be carefully verified.
A qualifying third OWI can be prosecuted as a felony in Michigan.
Felony cases generally begin in the appropriate district court.
If bound over, the felony case proceeds in the Oakland County Circuit Court in Pontiac.
Yes.
Michigan OWI law is statewide, but court procedures, judges, prosecutors and probation practices can differ.
Court-specific experience can help with preparation and strategy.
A person should understand the charge, evidence and potential consequences before deciding how to plead.
There may be evidence that has not yet been reviewed at the first court appearance.
Statements can be used as evidence.
A person facing criminal allegations should consider obtaining legal advice before giving additional statements concerning the case.
It depends on the bond conditions imposed in the individual case.
Do not assume travel is permitted if the court has imposed restrictions.
A missed test can potentially be treated as a bond or probation compliance issue depending on the court order and circumstances.
Address it promptly rather than ignoring it.
The court can hold a hearing and potentially modify or revoke bond or impose additional conditions.
No.
Potential evidence should be preserved.
Deleting evidence can create additional complications.
As early as reasonably possible.
Early representation can help preserve evidence, identify driver’s-license deadlines, investigate witnesses and develop a defense before evidence becomes more difficult to obtain.
Fraiberg & Pernie represents people facing DUI, OWI and criminal charges throughout Oakland County and Southeast Michigan.
The firm’s approach emphasizes:
Do not assume an arrest proves guilt.
Examine what the prosecution can actually prove.
Matthew A. Fraiberg’s former prosecutor background provides experience evaluating criminal cases from both sides of the courtroom.
Fraiberg has practiced law since 1997 and has extensive experience handling criminal cases in Oakland County courts.
Effective negotiation is stronger when the defense is prepared to challenge evidence and litigate issues when appropriate.
An OWI defense should consider both the criminal case and potential driver’s-license consequences.
Clients should understand:
What they are charged with
What evidence exists
What could happen
What defenses may apply
What they should do next
If you were arrested for DUI, OWI, High BAC, OWVI, drugged driving, second-offense OWI or felony third-offense OWI in Oakland County, do not assume the outcome has already been determined.
The first step is finding out exactly what the evidence shows.
Fraiberg & Pernie represents clients in district courts throughout Oakland County and in felony cases proceeding to the Oakland County Circuit Court.
Matthew A. Fraiberg has practiced law in Michigan since 1997 and brings experience as a criminal defense attorney, former prosecutor and former judicial clerk to the defense of Michigan OWI cases.
A proper case review should answer:
Was the traffic stop legal?
Was there probable cause to arrest?
What does the body-camera footage actually show?
Were field sobriety tests properly administered?
Is the breath or blood evidence reliable?
Were constitutional rights violated?
Can the prosecution prove every element of the charge?
What strategy provides the best opportunity for a favorable result?
For a confidential consultation regarding an Oakland County DUI or OWI case, call Fraiberg & Pernie at (248) 986-2682.
Protect your license. Protect your record. Protect your career. Protect your future.
Call 248-986-2682 now for a consultation.
Related Michigan DUI Resources
Ultimate Guide to Michigan DUI Law
Michigan DUI Penalties
Best DUI Lawyers in Michigan
Oakland County OWI | DUI Court Guide
Written by: Matthew Fraiberg
Reviewed by: Eric Pernie
Jurisdiction: Michigan