FRAIBERG & PERNIE
If you were arrested for DUI or OWI in Royal Oak, Michigan, your case will ordinarily be handled in the 44th District Court.
An arrest is not a conviction. Before deciding how a Royal Oak OWI case should be handled, the traffic stop, police investigation, body-camera and dash-camera video, field sobriety testing, breath or blood evidence, constitutional issues, driver’s-license consequences, and bond conditions should be evaluated.
Fraiberg & Pernie represents people charged with DUI, OWI, OWVI, High BAC, drugged driving, repeat OWI and related offenses in Royal Oak and throughout Oakland County.
Matthew Fraiberg is a Michigan criminal defense and DUI/OWI attorney, former City Prosecutor, and former Judicial Clerk who has practiced law in Michigan since 1997 and has more than 29 years of legal experience.
Eric L. Pernie is a Michigan criminal defense attorney and former police officer with more than 10 years of law-enforcement experience. His background provides additional perspective when evaluating traffic stops, DUI investigations, field sobriety testing, officer observations, police reports, arrest procedures, and video evidence.
Together, Fraiberg & Pernie bring criminal-defense, prosecution, judicial, and law-enforcement perspectives to Royal Oak DUI and OWI defense.
Call (248) 986-2682 for a confidential consultation.
If you were arrested for DUI or OWI in Royal Oak:
Follow every bond condition.
Do not miss required alcohol or drug testing.
Save all police, court, and chemical-testing paperwork.
Preserve potentially relevant evidence.
Avoid discussing the allegations on social media.
Pay attention to driver’s-license notices and deadlines.
Consider obtaining legal advice before providing additional statements about the allegations.
Review the evidence before making important decisions about the case.
If you allegedly refused a chemical test, act promptly because Michigan’s Implied Consent process can involve a separate driver’s-license proceeding and deadline.
An OWI arrest does not determine the outcome. The important question is what the admissible evidence actually establishes.
| Law Firm | Fraiberg & Pernie |
| Practice Area | DUI / OWI Defense |
| City | Royal Oak, Michigan |
| County | Oakland County |
| Court | 44th District Court |
| Court Location | 400 East Eleven Mile Road, Royal Oak, Michigan |
| Attorneys | Matthew Fraiberg and Eric L. Pernie |
| Matthew’s Background | Former City Prosecutor; Former Judicial Clerk; Licensed in Michigan since 1997 |
| Eric’s Background | Former Police Officer; 10+ Years of Law-Enforcement Experience |
| Common Charges | OWI, OWVI, High BAC, drugged driving, repeat OWI and Implied Consent |
| Evidence | Traffic stop, video, field sobriety tests, breath/blood testing and police reports |
| Common Concerns | Bond, testing, driver’s license, employment, professional licensing and criminal record |
| Phone | (248) 986-2682 |
Royal Oak DUI/OWI → 44th District Court
44th District Court → Royal Oak + Berkley
Fraiberg & Pernie → Michigan Criminal Defense + DUI/OWI
Matthew Fraiberg → Former City Prosecutor + Former Judicial Clerk
Eric Pernie → Former Police Officer
Defense Analysis → Evidence + Law + Science + Police Procedure
A DUI or OWI arising in Royal Oak is ordinarily handled in the 44th District Court.
The court serves Royal Oak and Berkley and is located at:
44th District Court
400 East Eleven Mile Road
Royal Oak, Michigan
The court handles misdemeanor criminal cases, traffic matters, arraignments, and preliminary stages of felony cases within its jurisdiction.
The official 44th District Court website provides current court contact information, schedules, and procedural resources.
Royal Oak DUI investigations commonly involve the Royal Oak Police Department, although the Michigan State Police or another agency may be involved depending on where the stop or incident occurred.
Local court familiarity can help an attorney and client understand procedures and prepare for what comes next.
It does not replace evidence-based defense and does not guarantee a particular result.
Michigan commonly uses the term OWI — Operating While Intoxicated rather than DUI.
Royal Oak cases can involve:
OWI — Operating While Intoxicated — an allegation that a person operated a vehicle while intoxicated or with a prohibited bodily alcohol content.
OWVI — Operating While Visibly Impaired — an allegation involving visible impairment from alcohol, drugs, or another intoxicating substance.
High BAC — sometimes called “Super Drunk,” involving an alleged bodily alcohol content of 0.17 or higher in a qualifying first-offense case.
Drugged driving — allegations involving controlled substances, marijuana, prescription medications, or other intoxicating substances.
Second-offense OWI — a new qualifying offense involving a prior conviction within the legally relevant period.
Third-offense OWI — a felony charge involving qualifying prior convictions.
Implied Consent refusal — a separate driver’s-license matter that may arise following an alleged refusal of a chemical test.
Michigan’s principal impaired-driving law is MCL 257.625.
The Michigan State Police also publishes information concerning Michigan impaired-driving law.
Although every case is different, a misdemeanor Royal Oak OWI case commonly involves several stages.
A person may be released subject to court-ordered conditions.
Depending on the circumstances, conditions can involve:
Alcohol testing
Drug testing
Restrictions on alcohol or controlled substances
Travel restrictions
Reporting requirements
Other conditions imposed by the court
The written bond order controls.
At arraignment, the court generally addresses:
The charge
Applicable rights
Bond
Conditions of release
Testing when ordered
Future court dates
The defense may obtain and review:
Police reports
Body-camera video
Dash-camera video
Breath-test records
Blood-test records
Witness statements
Photographs
Laboratory records
Other relevant evidence
Pretrial proceedings can involve:
Evidence review
Legal analysis
Negotiations
Additional discovery
Motion preparation
Trial preparation
When supported by the facts and law, potential issues can involve the:
Traffic stop
Detention
Search
Statements
Arrest
Breath evidence
Blood evidence
Other evidence
Depending on the evidence, applicable law, negotiations, court rulings, and client’s decisions, a case may conclude through:
Dismissal
Reduction
Negotiated resolution
Plea
Trial
Another legally available resolution
Do not assume your case will follow the same path as someone else’s.
BAC level, prior record, accident allegations, testing, evidence quality, and compliance with bond conditions can all matter.
A meaningful DUI defense begins with the evidence—not slogans or guarantees.
Depending on the case, the review may include:
Whether the officer had a lawful basis for the traffic stop
Whether observations shown on video match the written police report
Whether field sobriety tests were instructed and administered properly
Whether statements were obtained lawfully
Whether the arrest was supported by probable cause
Whether breath-testing procedures and records raise reliability questions
Whether a blood sample was collected, stored, and analyzed properly
Whether witnesses or surveillance recordings contradict part of the allegation
Whether medical conditions, medications, or environmental factors provide relevant context
A police report is important, but it does not necessarily contain every relevant fact.
Body-camera video, dash-camera video, scientific records, witness statements, and other evidence can confirm, contradict, or provide additional context for information contained in the report.
The existence of a possible issue does not automatically invalidate evidence.
The question is whether the issue is supported by the record and whether it has legal or practical significance.
Video evidence can be particularly important in an OWI case because it may provide an objective record of portions of the encounter.
Depending on the case, video can show:
Driving behavior
Officer instructions
Responses to questions
Speech
Balance
Field sobriety-test instructions
Test performance
Road conditions
Weather
Lighting
Officer demonstrations
Events before or after arrest
Video does not automatically favor the prosecution or defense.
Its significance depends on what it actually shows.
Field sobriety tests can become part of the prosecution’s evidence.
Potential issues can include:
Instructions
Officer demonstrations
Testing surface
Weather
Lighting
Footwear
Medical conditions
Physical limitations
Test administration
Scoring
Video evidence
The defense can compare the officer’s written description of performance with available body-camera or dash-camera footage.
Potentially.
A numerical test result should be evaluated together with the procedures and evidence surrounding that result.
Potential areas of review can include:
Testing procedure
Observation requirements
Operator records
Instrument records
Maintenance information
Verification or calibration documentation
Timing
Other circumstances affecting reliability or admissibility
Blood evidence can require review of:
Authority for the blood draw
Warrant or consent issues
Collection procedure
Chain of custody
Storage
Transportation
Laboratory records
Analytical method
Toxicology results
Interpretation
Admissibility
A challenge does not succeed merely because a test can be questioned.
The relevant issue is whether a particular concern is supported by the evidence and applicable law.
The criminal prosecution and driver’s-license consequences are related, but they are not always controlled by the same process or timetable.
Potential consequences can depend on:
Charge
Chemical-test result
Chemical-test refusal
Prior record
Final resolution
Possible driver’s-license consequences can include:
Suspension
Revocation
Restricted driving privileges when authorized
Ignition-interlock requirements
Points
Commercial driver’s-license consequences
Michigan’s Implied Consent statute is MCL 257.625c.
Because an alleged chemical-test refusal may create a separate driver’s-license proceeding and deadline, do not assume that resolving the criminal OWI case automatically resolves the Implied Consent matter.
| Issue | First Alleged Offense | Repeat Alleged Offense |
|---|---|---|
| Charge Level | Commonly a misdemeanor | May involve enhanced misdemeanor penalties or a felony charge |
| Jail Exposure | Depends on the charge and facts | Generally greater |
| License Consequences | Suspension, restriction, or interlock may apply | Revocation or longer sanctions may apply |
| Probation & Treatment | May be ordered | Can involve more intensive requirements |
| Defense Review | Evidence and legal issues must be examined | Evidence, prior convictions, and enhancement requirements must be examined |
The label used at arrest does not by itself determine the final charge or result.
Prior convictions should also be examined when determining whether an enhancement legally applies.
Michigan’s High BAC provisions apply to certain first-offense cases involving an alleged bodily alcohol content of 0.17 or higher.
High BAC allegations can involve enhanced potential consequences.
A BAC of 0.17 or greater does not eliminate potential defense issues.
The case should still be evaluated for matters involving:
Traffic stop
Probable cause
Video evidence
Field sobriety testing
Breath or blood testing
Documentation
Constitutional issues
Related resource: Michigan High BAC OWI Defense
The 44th District Court has operated a hybrid DUI/drug treatment court.
Treatment courts generally combine elements such as:
Judicial supervision
Testing
Treatment
Court review
Compliance requirements
Participation is not automatic.
Eligibility, current program availability, requirements, and suitability should be confirmed for the individual case.
Michigan Courts publishes additional information concerning drug and sobriety treatment courts.
A person considering treatment court should understand both its potential benefits and its compliance requirements before making a decision.
Read the written bond order carefully.
Conditions can prohibit alcohol or drug use, require testing, restrict travel, or impose reporting requirements.
The precise court order—not assumptions about what normally happens—controls.
Possibly.
Review the bond order and obtain legal advice if the order restricts travel or creates uncertainty.
Work obligations do not automatically override a court order.
Possibly, but every bond condition still applies.
Being at an event where alcohol is served does not authorize alcohol use if the court has prohibited it.
A missed required test can potentially be treated as noncompliance.
The appropriate response depends on the court order and circumstances.
Do not simply ignore the issue.
A missed required court appearance can result in a warrant or other consequences.
The appropriate response depends on the circumstances and court.
An OWI can create concerns beyond the sentence imposed by the court.
The effect depends on the person’s occupation, employer policies, reporting duties, licensing rules, and final case outcome.
Important questions can include:
Does the employer require disclosure of an arrest or conviction?
Is driving an essential job duty?
Does a professional licensing board impose a reporting requirement?
Is a commercial driver’s license involved?
Could a security clearance or government position be affected?
Could international travel become more complicated?
These issues should be identified when evaluating defense strategy because the consequences that matter most can differ significantly from one client to another.
Violating a bond condition
Missing alcohol or drug testing
Missing a court hearing
Posting facts about the case online
Contacting witnesses in violation of a court order
Ignoring an Implied Consent notice or deadline
Assuming guilt, dismissal, or a reduction before the evidence is reviewed
Good decisions after an arrest cannot change what already occurred, but they can help avoid additional problems and preserve potentially relevant evidence and defense issues.
Sometimes.
No reduction or dismissal is automatic.
Potential issues can include:
Unlawful traffic stop
Insufficient probable cause
Constitutional violations
Inadmissible evidence
Breath-testing issues
Blood-testing issues
Video inconsistent with written allegations
Witness problems
Missing evidence
Failure to establish a required element
Some cases involve negotiation.
Others involve motions, evidentiary hearings, trial, or another resolution.
The appropriate strategy depends on the evidence and circumstances of the individual case.
See Fraiberg & Pernie’s Michigan criminal-defense and DUI case results for examples of issues and outcomes in prior matters.
Past results do not guarantee or predict a similar result in another case.
If you are comparing Royal Oak DUI or OWI attorneys, consider objective information rather than relying solely on advertising claims.
Questions can include:
How much of the attorney’s practice involves DUI/OWI and criminal defense?
Has the attorney handled cases in the 44th District Court?
Will the attorney review body-camera and dash-camera footage?
Does the attorney evaluate field sobriety testing?
Does the attorney evaluate breath and blood evidence?
Does the attorney handle Implied Consent issues?
Does the attorney understand driver’s-license consequences?
How are constitutional issues evaluated?
Is the attorney prepared to file motions when appropriate?
Is the attorney prepared for trial when necessary?
Who will actually represent you?
Can the attorney’s credentials and background be independently verified?
No attorney’s experience, reviews, ratings, awards, or prior results guarantee the outcome of a DUI case.
Matthew Fraiberg is Managing Partner of Fraiberg & Pernie and a Michigan criminal defense and DUI/OWI attorney.
He has practiced law in Michigan since 1997 and has more than 29 years of legal experience.
His professional background includes service as a:
Former City Prosecutor
Former Judicial Clerk
Former Assistant Legal Research Clerk working with Oakland County Circuit Court judges
Michigan criminal defense and DUI/OWI attorney
His practice includes Royal Oak and Oakland County cases involving:
OWI
OWVI
High BAC
Drugged driving
Repeat OWI
Felony OWI
Implied Consent
Driver’s-license issues
His prosecution and judicial background provides additional perspective when evaluating how a criminal allegation is charged, supported by evidence, litigated, negotiated, and resolved.
Eric L. Pernie is a Michigan criminal defense attorney and co-founder of Fraiberg & Pernie.
Before becoming an attorney, Eric served as a police officer for more than 10 years.
His law-enforcement background provides additional perspective when reviewing:
Traffic stops
DUI investigations
Field sobriety testing
Officer observations
Police reports
Arrest procedures
Searches
Evidence collection
Body-camera recordings
Together, Matthew Fraiberg and Eric Pernie bring experience from prosecution, judicial, law-enforcement, and criminal-defense perspectives to the evaluation of Royal Oak DUI and OWI cases.
No.
The consequences depend on the charge, chemical-test result or refusal, prior record, and final resolution.
Some circumstances permit restricted driving, while others can involve suspension, revocation, or ignition interlock.
Michigan law authorizes jail for OWI offenses, but the actual result depends on the charge, facts, record, court, and resolution.
No responsible attorney should promise that jail is impossible or guaranteed.
Sometimes.
A reduction depends on the evidence, applicable law, negotiations, prosecutor, and court approval.
It is not automatic.
It is possible when the facts and law support dismissal, suppression of important evidence, or another successful challenge.
No attorney can responsibly guarantee dismissal.
“Strict” is too vague to predict a result.
A better approach is to follow every court order, appear on time, comply with testing requirements, and prepare for the actual charge, evidence, judge, and circumstances of the case.
Field sobriety evidence can be evaluated based on the instructions, administration, testing conditions, physical limitations, and available video.
Breath evidence can be evaluated for procedural, evidentiary, scientific, and legal issues.
Whether a challenge has merit depends on the facts.
Blood evidence can involve issues concerning collection, warrants or consent, chain of custody, storage, laboratory procedures, methodology, and admissibility.
A meaningful discrepancy can become relevant evidence.
Its significance depends on what the video actually shows and the issue involved.
An alleged refusal can create a separate Implied Consent proceeding involving driver’s-license consequences and deadlines.
Some first-offense operating-while-intoxicated convictions may be eligible to be set aside if statutory requirements are satisfied.
Eligibility is case-specific, and an application does not guarantee relief.
See MCL 780.621.
Many cases are resolved without trial.
Whether to accept a negotiated resolution or proceed toward trial should be decided after considering the evidence, applicable law, potential consequences, risks, and client’s goals.
Continue with these Fraiberg & Pernie resources:
Managing Partner | Michigan Criminal Defense & DUI/OWI Attorney | Former City Prosecutor | Former Judicial Clerk
Matthew Fraiberg has practiced law in Michigan since 1997 and has more than 29 years of legal experience.
Read Matthew Fraiberg’s attorney profile.
Partner | Michigan Criminal Defense Attorney | 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 prior law-enforcement experience provides additional perspective when evaluating traffic stops, DUI investigations, field sobriety testing, officer observations, police reports, arrest procedures, and video evidence.
Read Eric Pernie’s attorney profile.
Written by: Matthew Fraiberg
Legally reviewed by: Eric L. Pernie
Law firm: Fraiberg & Pernie
Court: 44th District Court
Location: Royal Oak, Oakland County, Michigan
Practice area: DUI / OWI Defense
Last attorney review: October 2026
If you were arrested for OWI, OWVI, High BAC, drugged driving, repeat OWI, or another alcohol- or drug-related driving offense in Royal Oak, understanding the evidence, bond requirements, driver’s-license consequences, and 44th District Court process can help you make informed decisions.
Fraiberg & Pernie Criminal Defense Attorneys
1000 S. Old Woodward Avenue, Suite 103
Birmingham, Michigan 48009
Call (248) 986-2682 for a confidential consultation regarding a Royal Oak DUI or OWI case.
This page provides general legal information, not legal advice. Every case is different. Past results, professional experience, ratings, reviews, memberships, or recognition do not guarantee or predict a particular outcome.