FRAIBERG & PERNIE
Arrested for DUI in Berkley, Michigan? An OWI arrest is unsettling, especially when you have never been arrested or appeared in criminal court. The questions begin immediately: Will I lose my license? Do I have to appear in court? Will I have to test for alcohol? Can I keep working? Will I go to jail? What happens to my car? Can the charge be reduced? What evidence does the prosecutor have? Will this stay on my record? Do I need a lawyer before my first court date?
If you were arrested in Berkley for OWI, OWVI, High BAC, drugged driving, or another alcohol-related driving offense, your misdemeanor case will generally be handled through the 44th District Court in Royal Oak. Matthew Fraiberg of Fraiberg & Pernie has practiced criminal law in Michigan since 1997 and is a former city prosecutor and former Oakland County judicial clerk. Eric L. Pernie is a former police officer with more than a decade of law-enforcement experience. That combination gives a case two different perspectives — how a prosecutor may assess the evidence, and how police actually conduct and document a drunk-driving investigation.
Call Fraiberg & Pernie at (248) 986-2682 for a confidential consultation.
Most misdemeanor DUI and OWI cases arising in Berkley are handled by the 44th District Court in Royal Oak. Berkley and Royal Oak share the court — Berkley’s former 45A District Court merged into the 44th District Court in January 2015, creating a single court for both communities. The court handles misdemeanor criminal cases from arraignment through resolution and conducts the initial stages of felony proceedings; felony cases may then bind over to the Oakland County Circuit Court.
Not necessarily. The driver’s-license consequences depend on the charge, chemical-test results, prior driving history, whether there was a refusal, and how the case is ultimately resolved. Michigan recognizes several different drunk-driving offenses, and the license consequences are not identical for each. Potential issues include suspension, restricted driving, ignition-interlock requirements, Driver Responsibility fees where applicable, CDL consequences, and separate implied-consent proceedings after certain chemical-test refusals. The criminal court case and the driver’s-license process do not always follow the same path, which is why both must be tracked separately.
A first arrest does not automatically mean jail. The outcome depends on the charge, BAC allegation, criminal and driving history, circumstances of the arrest, compliance with bond, and final resolution. Aggravating circumstances raise additional concerns — very high BAC allegations, accidents, injuries, prior drunk-driving convictions, driving while suspended or revoked, bond violations, or other criminal allegations. The facts of the individual case control.
Sometimes, but a reduction should never be assumed. Whether it is possible depends on the evidence, applicable Michigan law, prosecutorial evaluation, legal issues, and the circumstances of the specific case. The defense should begin by determining what the prosecution can actually prove rather than assuming the original charge will be the final result.
Potentially, but dismissal is never automatic. Issues that may affect a case include the legality of the traffic stop, probable cause, field sobriety testing, breath-test procedures, blood-test evidence, constitutional issues, video evidence, witness credibility, and missing or inconsistent evidence. Every Berkley OWI case should be evaluated on its own facts.
A drunk-driving case is a process, not a single court appearance. Although procedures vary, a typical case moves through several stages:
Traffic stop or police contact. Many OWI investigations begin with a traffic stop — speeding, lane violations, erratic driving, equipment violations, failure to obey a traffic signal, an accident, or other driving behavior. One of the first defense questions is whether police had a lawful basis for the stop or contact.
Roadside investigation. After contact, the officer looks for evidence of intoxication — questions about alcohol or drug use, observations of speech or coordination, field sobriety exercises, preliminary breath testing, statements by the driver, and body- or dash-camera recordings. What actually occurred should be compared with what was later written in the police report.
Arrest. If the officer believes probable cause exists, the driver may be arrested for OWI. The investigation may then continue through chemical testing.
Chemical testing. Depending on the case, this may involve breath testing, blood testing, chemical-test refusal allegations, hospital records, or laboratory analysis. A test result does not end the legal analysis — testing procedures, documentation, and surrounding circumstances can still matter.
Release and bond. After processing, many defendants are released with instructions concerning court and bond. Read every document you receive.
Arraignment. The court advises the defendant of the charge, addresses bond, and establishes conditions of release.
Pretrial proceedings. The defense reviews discovery, investigates the evidence, identifies legal issues, and discusses potential resolutions with the prosecution.
Motions, negotiations, or trial. Depending on the case, legal issues may be litigated, negotiations may occur, or the case may proceed toward trial.
The period immediately after an arrest can matter. Rather than trying to predict the outcome, concentrate on preserving information and complying with court requirements.
Write down what happened while your memory is fresh — where you were driving, why police stopped you, what the officer said, what you said, field sobriety exercises, breath or blood testing, witnesses, passengers, medical issues, medications, food and alcohol consumption, and locations that may have surveillance cameras. Do not post your account on social media.
Preserve potential evidence before it disappears — business surveillance, residential security video, receipts, text messages, photographs, GPS or location information, witnesses, and medical documentation. Identifying evidence does not mean it will help the defense, but it allows the attorney to evaluate it.
Read your bond conditions. Do not assume you know what you are allowed to do. Determine whether your bond includes alcohol restrictions, drug restrictions, testing, travel limitations, reporting requirements, or no-contact provisions. A bond violation creates a new problem while the original OWI case is still pending.
OWI arrests arising within the City of Berkley may involve the Berkley Department of Public Safety, a combined department providing police, fire, and EMS services. Depending on the investigation, evidence may include police reports, body-camera recordings, dash-camera video, field sobriety testing, preliminary breath-test information, evidential breath-test records, blood-test results, witness statements, accident reports, and photographs. The defense should compare the different sources of evidence rather than relying exclusively on the written police report.
An OWI defense should begin with the evidence, and Fraiberg & Pernie evaluates each case through two lenses — how a prosecutor would build it, and how a police officer would conduct and document it.
Was the traffic stop lawful? Police generally need a legally sufficient reason to stop a vehicle. The reason stated in the police report should be compared with available video and other evidence.
What does the video actually show? Body- and dash-camera recordings can capture information difficult to put in a written report — driving behavior, road conditions, communication with the officer, balance and coordination, field sobriety exercises, statements, and timing of events.
Were field sobriety exercises properly conducted? Field sobriety evidence should be evaluated in context — instructions, physical conditions, footwear, road surface, weather, medical issues, and administration of the exercises may all be relevant.
Is the breath-test evidence reliable? A breath-test result should be evaluated together with the testing procedures, records, and surrounding circumstances, not accepted as a bare number.
What about blood-test cases? Blood cases can raise different questions involving collection, storage, chain of custody, laboratory procedures, analysis, and interpretation of results.
Are the officer’s observations consistent? An officer’s report may describe signs of impairment; those descriptions can be compared with video, audio, chemical testing, witness accounts, and medical information. The question is not simply what the police report says — it is what the total evidence establishes.
Operating While Intoxicated (OWI). Michigan OWI allegations may involve an unlawful bodily alcohol content or evidence that alcohol or another substance affected the ability to operate a motor vehicle (MCL 257.625).
Operating While Visibly Impaired (OWVI). OWVI focuses on whether a person’s ability to operate was visibly impaired.
High BAC. Michigan’s High BAC provisions apply when the alleged alcohol level reaches 0.17 or higher, and can involve additional driver’s-license and ignition-interlock consequences.
Drugged driving. OWI allegations are not limited to alcohol; cases can involve controlled substances, marijuana, prescription medications, or combinations of substances.
Second-offense OWI. A prior qualifying conviction can substantially change the potential consequences of a new drunk-driving case.
Third-offense OWI. A third qualifying OWI offense can be prosecuted as a felony in Michigan. Felony cases begin in District Court but may ultimately proceed to the Oakland County Circuit Court.
Implied consent. Certain chemical-test refusals can trigger a separate driver’s-license process, and deadlines can be as short as 14 days to request a hearing (MCL 257.625c).
The 44th District Court serves Royal Oak and Berkley. The court is located at 400 E. 11 Mile Road, Royal Oak, MI 48067, with a main phone line of (248) 246-3600 (City of Royal Oak). For misdemeanor criminal cases, District Court generally retains the case from arraignment through resolution. For felony allegations, District Court handles the initial proceedings — including the probable-cause conference and preliminary examination — before a case may be bound over to the Oakland County Circuit Court. As a court of limited jurisdiction, the 44th District Court also handles traffic matters, civil actions up to $25,000, and landlord-tenant cases.
For many defendants, arraignment is the first formal court appearance. The court may advise you of the charge, explain certain rights, address bond, establish conditions of release, and schedule future proceedings. Possible bond conditions depend on the circumstances of the case and may include alcohol testing, drug testing, no-alcohol restrictions, travel restrictions, reporting requirements, or other conditions the court sets. Read the actual bond order — do not rely on what happened to someone else’s case.
Missing a required court appearance can create serious problems. Depending on the circumstances, the court may issue a bench warrant or take other action concerning bond. If you believe you missed a hearing, address the situation promptly rather than assuming another notice will automatically arrive.
Can I travel while my Berkley DUI case is pending? Possibly — the answer depends on your bond conditions. Some defendants may travel without special permission; others have restrictions requiring advance court approval. Work travel does not automatically override a court order, so confirm exactly what your bond permits before booking a trip.
Can I drink alcohol while my case is pending? That depends on your bond order. Many OWI cases involve restrictions on alcohol use and testing. If the court has ordered you not to consume alcohol, weddings, sporting events, vacations, business dinners, and other social occasions do not automatically create exceptions. Follow the written order unless the court changes it.
What happens if I miss an alcohol test? A missed test can be treated as noncompliance with bond. If something legitimately prevents you from testing, document what occurred and address it promptly rather than ignoring a missed test.
Can a Berkley DUI affect my job? Potentially. Employment consequences depend on the nature of your work and your employer’s policies, with additional concerns if you drive for work, hold a CDL, have a professional license, maintain a security clearance, or work in healthcare, education, financial services, or any field with mandatory reporting requirements.
Can an OWI affect a professional license? Potentially. Licensed professionals — physicians, nurses, attorneys, teachers, pharmacists, accountants, engineers, real estate professionals, and financial professionals — may have separate obligations involving criminal charges or convictions, and the requirements vary by licensing authority. Do not assume that what happens in criminal court is the only issue that matters; these collateral consequences should be weighed when evaluating potential resolutions.
Trying to explain the case to everyone — statements can become evidence.
Ignoring your bond order — know exactly what the court requires.
Missing alcohol or drug testing — treat testing requirements seriously.
Posting about the arrest online — social-media posts, photographs, and messages can create unnecessary problems.
Losing track of court dates — record every hearing immediately.
Waiting too long to identify evidence — video and other information may not remain available indefinitely.
Assuming the case is already decided — an arrest and chemical-test result are evidence, not the final legal outcome.
What court handles Berkley DUI cases?
Most misdemeanor OWI and DUI cases arising in Berkley are handled in the 44th District Court in Royal Oak.
Is Berkley in Oakland County?
Yes. Berkley is located in Oakland County, Michigan.
Who investigates DUI cases in Berkley?
OWI investigations within Berkley may involve the Berkley Department of Public Safety and, depending on the circumstances, other law-enforcement agencies.
Can I drive after being arrested?
That depends on your license status and the circumstances of the case. An arrest does not necessarily mean your license immediately disappears, but particular charges and chemical-test issues can create restrictions or suspensions.
Can I challenge a breath test?
Yes. Breath-test evidence can be reviewed for testing procedures, documentation, and other issues relevant to reliability or admissibility.
Can a blood test be challenged?
Yes. Blood evidence can raise issues involving collection, chain of custody, laboratory procedures, and interpretation.
Will I have to test for alcohol while on bond?
Possibly. Testing requirements depend on the bond conditions imposed in your particular case.
Can I leave Michigan?
Possibly. Review your bond order before traveling.
Will my employer be notified?
Not automatically in every case. Employment and reporting consequences depend on your profession, employer, and circumstances.
Can an OWI be reduced to OWVI?
Sometimes. Whether a reduction is possible depends on the evidence, negotiations, and circumstances of the individual case.
Can a DUI be dismissed?
Sometimes, but no attorney should guarantee dismissal without evaluating the evidence and legal issues.
Will I have a criminal record?
That depends on the final disposition of the case.
How long will my Berkley DUI case take?
There is no universal timeline. The length depends on discovery, evidence, motions, negotiations, court scheduling, and whether trial is necessary.
Do I need a lawyer before arraignment?
Speaking with an attorney early can help you understand the charge, bond, evidence, driver’s-license issues, and what to expect at the first court proceedings.
If you are looking for a DUI attorney after an arrest in Berkley, consider more than advertising claims. Relevant factors include experience handling Michigan OWI cases, familiarity with the 44th District Court, Oakland County criminal-defense experience, knowledge of breath and blood evidence, experience reviewing police video, understanding of driver’s-license consequences, trial and motion experience, communication, professional background, and client reviews and independent credentials. No attorney can guarantee the outcome of a criminal case; the objective is to find a lawyer capable of evaluating the evidence, explaining the realistic options, and developing a strategy appropriate for your situation.
Fraiberg & Pernie represents individuals facing OWI, DUI, and criminal charges throughout Oakland County. The firm’s two attorneys bring different backgrounds to criminal defense, and that dual perspective is the core of how the firm evaluates a case.
Matthew Fraiberg — former city prosecutor. Matthew Fraiberg has practiced law in Michigan for more than 28 years. His background includes service as a former City Prosecutor and former Oakland County judicial clerk, with extensive Michigan OWI and criminal-defense experience and regular appearances in Oakland County courts. His prosecutorial background provides insight into how criminal cases are charged, evaluated, and negotiated.
Eric L. Pernie — former police officer. Eric L. Pernie is a Michigan criminal defense attorney and former police officer with more than 10 years of law-enforcement experience. His police background provides an additional perspective when reviewing traffic stops, OWI investigations, police procedures, officer observations, field sobriety testing, reports, body-camera video, and evidence collection.
An OWI arrest in Berkley is the beginning of a criminal case, not the final result. The evidence should be reviewed carefully — including the reason for the traffic stop, police observations, field sobriety exercises, video evidence, chemical testing, and the procedures used during the investigation. Matthew Fraiberg and Fraiberg & Pernie represent clients facing OWI, OWVI, High BAC, drugged-driving, and repeat-offense DUI charges in Berkley and throughout Oakland County.
Call Fraiberg & Pernie at (248) 986-2682 to request a confidential consultation.
City of Royal Oak — 44th District Court (location, contact, and services)
MiCOURT — 44th District Court (Royal Oak and Berkley) (jurisdiction)
City of Berkley — Department of Public Safety (Berkley police, fire, and EMS)
Michigan Courts — District Court Jurisdiction Benchbook (misdemeanor and felony preliminary-examination jurisdiction)
Michigan Legislature — MCL 257.625 (OWI and High BAC statutes)
Michigan Legislature — MCL 257.625b (substance abuse screening after OWI)
Michigan Legislature — MCL 257.625c (implied consent)
Michigan State Police — Impaired Driving Law (BAC thresholds and penalties)
Michigan Legislature — MCL 780.621 (expungement / set aside, Clean Slate)
Written by Matthew Fraiberg — Berkley DUI Lawyer, 44th District Court OWI Defense, Fraiberg & Pernie.
Written by: Matthew Fraiberg
Legally reviewed by: Eric L. Pernie
Law firm: Fraiberg & Pernie
Jurisdiction: Michigan
Court: 44th District Court
Practice area: OWI / DUI Defense
Last legally reviewed: August 2026
Every case is different. Prior results, professional experience, ratings and reviews do not guarantee a particular outcome.
Call 248-986-2682 now.
Protect your record.
Protect your future.
Related Michigan DUI Resources
Ultimate Guide to Michigan DUI Law
Michigan DUI Penalties
Best DUI Lawyers in Michigan
Michigan Criminal Defense Attorney
28+ years experience