Best OWI | DUI Lawyers in Michigan

Michigan DUI Lawyer — OWI Defense in Oakland, Wayne & Macomb Counties

Arrested for DUI or OWI in Michigan?

If you were arrested for DUI, OWI, OWVI, High BAC, drugged driving, repeat OWI, felony OWI or an alleged chemical-test refusal in Michigan, do not assume the case is decided simply because an officer made an arrest or obtained a breath or blood result.

A Michigan OWI case may involve several separate questions:

• Why was the vehicle stopped?

• Was the traffic stop lawful?

• Was there probable cause for arrest?

• How were field sobriety exercises conducted?

• What does body-camera or dash-camera video show?

• Were breath-testing procedures followed?

• How was blood collected, stored and analyzed?

• Were constitutional protections followed?

• What bond conditions apply?

• Can you legally drive?

• Does an implied-consent deadline apply?

• Could the case affect employment or professional licensing?

An arrest is not a conviction.

A police report is important evidence, but it is not necessarily the complete evidence.

A breath or blood result can be significant, but it should be evaluated with the rest of the investigation.

Fraiberg & Pernie represents people facing Michigan DUI and OWI charges throughout Oakland County, Wayne County, Macomb County and Southeast Michigan.

Matthew Fraiberg is Managing Partner of Fraiberg & Pernie. He has practiced Michigan law since 1997 and has more than 29 years of legal experience. His professional background includes service as a City Prosecutor, Judicial Clerk and Assistant Legal Research Clerk working with Oakland County Circuit Court judges.

Eric L. Pernie is a Partner at Fraiberg & Pernie and a former Michigan police officer with more than 10 years of law-enforcement experience. His background includes training and experience involving field sobriety testing, DataMaster DMT, traffic enforcement and police investigations.

Together, Fraiberg & Pernie bring criminal-defense, prosecution, judicial and law-enforcement perspectives to the evaluation of Michigan OWI cases.

Their approach begins with a basic question:

What Does the Evidence Actually Prove?

Call Fraiberg & Pernie at (248) 986-2682 for a confidential consultation.

Michigan DUI Defense at a Glance

Michigan DUI / OWI → Criminal Case + Driver’s-License Consequences
OWI Evidence → Traffic Stop + SFSTs + Video + Breath/Blood Testing
Fraiberg & Pernie → Matthew Fraiberg + Eric Pernie
Service Area → Oakland County + Wayne County + Macomb County

Quick Answer: What Should You Do After a Michigan DUI Arrest?

Start with the immediate requirements.

1. Read every bond and release document.

2. Do not miss alcohol or drug testing.

3. Confirm whether you may legally drive.

4. Save your citation, bond paperwork and chemical-test documents.

5. Preserve photographs, messages, receipts, location information and witness names.

6. Do not delete potentially relevant evidence.

7. Avoid discussing the case on social media.

8. Identify the court and your next court date.

9. Review any Secretary of State documents.

10. If police allege a post-arrest chemical-test refusal, determine whether a separate license deadline applies.

The first objective is not to predict the outcome.

It is to understand what must be done immediately and begin preserving the evidence needed to evaluate the case.

What Happens During the First 72 Hours?

The first few days after an OWI arrest may involve:

• Booking and release

• Arraignment

• Bond

• Alcohol restrictions

• Drug restrictions

• Testing

• Court scheduling

• Driver’s-license paperwork

• Employment concerns

• Travel restrictions

This can also be an important time to preserve evidence.

Potential evidence may include:

• Receipts

• Text messages

• Photographs

• Phone records

• GPS or location information

• Witness information

• Medical information

• Surveillance footage

• Dash-camera recordings

• Rideshare records

Some electronic and surveillance evidence may not remain available indefinitely.

Do not delete information that may become relevant.

What Happens During the First Week?

The first week may involve determining what the court actually requires.

Review:

• Bond order

• Alcohol or drug testing

• Travel restrictions

• Driver’s-license status

• Court dates

• Police paperwork

• Implied-consent documents

• Employment or professional-license concerns

Many avoidable problems arise because someone misunderstands a bond or testing requirement.

The written court order controls.

When something is unclear, obtain clarification before acting.

Michigan DUI Charges Explained

Michigan uses several impaired-driving offenses.

OWI — Operating While Intoxicated

People frequently use the term DUI, while Michigan law primarily uses Operating While Intoxicated, or OWI.

An OWI allegation may involve:

• Alcohol

• Controlled substances

• Intoxicating substances

• A combination of alcohol and drugs

For most drivers age 21 or older, an alcohol concentration of 0.08 or higher can support a per se OWI theory.

Michigan’s principal impaired-driving statute is MCL 257.625.

OWVI — Operating While Visibly Impaired

OWVI concerns an allegation that a person’s ability to operate a vehicle was visibly impaired.

Potential consequences can involve:

• Criminal record

• Points

• Driver’s-license restrictions

• Fines and costs

• Probation

OWVI may be discussed during negotiations in some OWI cases.

No reduction is automatic.

High BAC OWI — 0.17 or Higher

Michigan’s High BAC provisions generally apply to qualifying first-offense cases involving an alleged bodily alcohol concentration of 0.17 or higher.

A High BAC allegation can involve enhanced consequences, including issues involving:

• Criminal penalties

• Driver’s-license restrictions

• Ignition interlock

• Treatment

• Testing

• Probation

A reported BAC of 0.17 or higher is significant evidence.

It does not eliminate the need to examine the traffic stop, arrest, video and chemical-testing evidence.

Learn more about Michigan High BAC defense.

Second-Offense OWI

A repeat OWI can involve substantially greater consequences.

Potential concerns may include:

• Jail exposure

• Probation

• Driver’s-license consequences

• Vehicle sanctions

• Treatment

• Long-term license issues

Prior-offense history should be reviewed carefully because classification as a repeat offense matters.

Third-Offense Felony OWI

A third-offense OWI may be prosecuted as a felony.

A felony OWI case can involve:

• District-court arraignment

• Probable-cause proceedings

• Preliminary examination

• Circuit-court proceedings

• Felony sentencing exposure

• Driver’s-license revocation

• Long-term collateral consequences

The defense should examine both the new allegations and the prior record being used to enhance the charge.

OWI Causing Serious Injury or Death

Cases involving serious injury or death can result in felony charges and significantly greater consequences.

Evidence may involve:

• Accident reconstruction

• Medical evidence

• Causation

• Vehicle data

• Witness testimony

• Toxicology

• Driving behavior

• Video

• Crash-scene evidence

An accident does not eliminate the prosecution’s obligation to prove every required element.

Drugged Driving & Marijuana OWI

Michigan impaired-driving cases are not limited to alcohol.

Police may investigate alleged impairment involving:

• Marijuana

• Prescription medications

• Controlled substances

• Other intoxicating substances

• Alcohol combined with drugs

These cases can depend heavily on toxicology and interpretation.

The presence of a substance in a laboratory result does not necessarily answer every question concerning impairment at the relevant time.

How Is a Michigan OWI Case Defended?

An OWI investigation usually develops in stages:

Driving → Traffic Stop → Roadside Investigation → Arrest → Chemical Testing → Court

Each stage may raise different factual, constitutional and scientific questions.

Was the Traffic Stop Lawful?

Police need a legally sufficient reason to stop a vehicle.

The reported reason may involve:

• Speeding

• Lane use

• Equipment violation

• Erratic driving

• Accident

• Other alleged traffic violation

Questions may include:

• What did the officer actually observe?

• Was the stop legally justified?

• Does dash-camera footage exist?

• Does the video match the written description?

• Do road, weather or traffic conditions provide relevant context?

A traffic violation may justify a stop.

It does not by itself prove intoxication.

Was There Probable Cause to Arrest?

A lawful traffic stop does not automatically justify an OWI arrest.

Police may rely on evidence involving:

• Driving

• Odor

• Speech

• Eyes

• Balance

• Statements

• Field sobriety exercises

• Preliminary breath testing

• Video

The defense should evaluate whether the evidence available to the officer supported the arrest under applicable law.

Field Sobriety Testing

Field sobriety evidence should be evaluated in context.

Relevant considerations may include:

• Officer instructions

• Demonstration

• Pavement

• Weather

• Lighting

• Traffic

• Footwear

• Injuries

• Medical conditions

• Balance issues

• Fatigue

• Anxiety

• Actual performance

• Video

The important question is not simply whether a police report says someone “failed.”

The actual evidence should be examined.

Why Body-Camera & Dash-Camera Video Matters

Video may provide an independent record of important portions of the investigation.

It may show:

• Speech

• Balance

• Coordination

• Officer instructions

• Driver responses

• Field sobriety performance

• Road conditions

• Weather

• Timing

• Statements

• Officer conduct

Sometimes video supports the written report.

Sometimes it adds context.

Sometimes an important detail appears different.

That does not automatically mean an officer was dishonest.

Police observations are human observations, and recordings can provide another source of evidence for comparison.

Can a Michigan Breath Test Be Challenged?

Potentially.

A breath-test review may include:

• DataMaster DMT records

• Equipment maintenance

• Accuracy checks

• Observation requirements

• Operator conduct

• Testing sequence

• Error codes

• Sample consistency

• Timing

• Other testing documentation

A breath-test result can be important evidence.

It should still be considered with the rest of the case.

A meaningful challenge should be based on the actual testing records, facts and applicable requirements.

Can a Michigan Blood Test Be Challenged?

Potentially.

A blood case may require review of:

• Consent or search warrant

• Collection

• Tubes and preservatives

• Storage

• Transportation

• Chain of custody

• Laboratory procedures

• Quality-control information

• Timing

• Measurement

• Interpretation

A laboratory report is evidence.

It does not automatically answer every legal or scientific question.

Matthew Fraiberg — Former Prosecutor & Judicial Clerk

Matthew Fraiberg is Managing Partner of Fraiberg & Pernie.

He has practiced Michigan law 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 attorney

That background provides experience evaluating criminal cases from defense, prosecution and court perspectives.

His approach to an OWI case begins with a basic question:

What does the evidence actually prove?

That may require comparing:

• Police reports

• Video

• Witness statements

• Breath or blood records

• Scientific evidence

• Timeline

• Constitutional issues

Read Matthew Fraiberg’s attorney profile.

Eric Pernie — Former Police Officer

Eric L. Pernie is a Partner at Fraiberg & Pernie and a former Michigan police officer with more than 10 years of law-enforcement experience.

His background includes training and experience involving:

• Field sobriety testing

• DataMaster DMT

• Traffic enforcement

• Traffic stops

• Police investigations

• Arrest procedures

• Evidence collection

• Report writing

That background provides another perspective when evaluating how an OWI investigation was conducted.

Questions may include:

• Why was the vehicle stopped?

• What did the officer claim to observe?

• Were field sobriety exercises conducted appropriately?

• What does the video show?

• Does the police report accurately describe the recording?

• What evidence supported the arrest?

• Were chemical-testing procedures followed?

The purpose is not to assume police acted correctly or incorrectly.

The purpose is to compare the investigation with the actual evidence and applicable law.

Read Eric Pernie’s attorney profile.

What Happens to Your Driver’s License After an OWI Arrest?

Michigan OWI cases can involve driver’s-license consequences through both:

the criminal case

and

Michigan Secretary of State procedures.

Potential consequences may include:

• Suspension

• Restricted driving

• Ignition interlock

• Revocation

• Points

• Separate implied-consent sanctions

The precise consequences depend on the charge, prior history, chemical testing and final disposition.

Do not assume that the criminal court controls every driver’s-license consequence.

What Is Michigan Implied Consent?

Michigan’s implied-consent law concerns certain chemical testing requested after an OWI arrest.

An alleged refusal can create a driver’s-license matter separate from the criminal prosecution.

A person can therefore have:

a criminal OWI case

and

a separate driver’s-license issue

at the same time.

Documents issued after an alleged refusal should be reviewed promptly because deadlines may apply.

Learn more about Michigan implied-consent refusal issues.

Roadside Breath Test vs. Post-Arrest Chemical Test

Not every “breath-test refusal” means the same thing.

A roadside preliminary breath test (PBT) is different from a post-arrest chemical test governed by Michigan’s implied-consent law.

When a refusal is alleged, identify:

• Which test was requested

• When it was requested

• What the officer said

• What the driver did

• What the police report says

• What the video shows

• What paperwork was issued

Do not assume the legal consequences are identical.

Will You Go to Jail for a Michigan DUI?

Not necessarily.

Jail is legally possible in many Michigan OWI cases, but an arrest does not automatically determine the sentence.

Relevant factors may include:

• First or repeat offense

• High BAC allegation

• Accident

• Injury

• Criminal history

• Driving history

• Bond compliance

• Evidence

• Mitigation

• Final resolution

• Sentencing court

The actual charge and circumstances matter.

What Happens at Arraignment?

Arraignment is generally the first formal court appearance.

The court may:

• Advise the accused of the charge

• Address bond

• Order alcohol restrictions

• Order testing

• Restrict travel

• Establish other conditions

• Schedule the next hearing

Bond conditions apply while the case is pending.

They are not a determination of guilt.

What if You Miss or Fail an Alcohol Test?

A missed or positive test can become a separate bond issue.

Possible consequences may include:

• Additional testing

• More restrictive conditions

• Bond modification

• Additional court proceedings

• Temporary incarceration

If a testing device malfunctions or another legitimate problem occurs, document it.

Preserve:

• Screenshots

• Photographs

• Error codes

• Phone records

• Emails

• Testing-company communications

• Proof of attempted compliance

Continue following every other bond requirement.

Can You Travel for Work During a Michigan OWI Case?

Possibly.

The written bond order controls.

Before traveling, determine:

• Whether geographic restrictions apply

• Whether court permission is required

• Whether testing must continue

• Whether the trip conflicts with court

• Whether international travel is permitted

A work obligation does not automatically modify a court order.

Can You Go to Canada After a Michigan DUI Arrest?

Potentially, but there are separate issues.

First, the Michigan court determines whether the bond permits international travel.

Second, Canadian authorities determine admissibility to Canada under Canadian law.

Permission from a Michigan court to travel does not itself guarantee admission into Canada.

Michigan DUI Consequences for Professionals

For some clients, one of the most significant concerns is the potential effect of an OWI on a career or professional credential.

Potential issues may arise for:

• Physicians

• Nurses

• Attorneys

• Pharmacists

• Pilots

• Teachers

• Financial professionals

• Real estate professionals

• Engineers

• Commercial drivers

• Executives

• Government employees

Questions may involve:

• Reporting obligations

• Professional discipline

• Credentialing

• Security clearances

• Employer policies

• Company vehicles

• Insurance

• International travel

These issues should be identified before entering a plea or finalizing a resolution whenever possible.

A proposed resolution should be evaluated for both its courtroom consequences and its potential effect outside court.

CDL Drivers & Michigan OWI

Commercial drivers can face consequences beyond those imposed on ordinary driver’s-license holders.

An OWI can affect:

• CDL privileges

• Employment

• Federal compliance

• Company driving policies

• Future commercial-driving opportunities

A CDL holder should evaluate licensing consequences separately from the criminal sentence.

Under-21 & Zero-Tolerance Cases

Michigan has special alcohol-related driving rules for drivers under age 21.

Potential issues can involve:

• Driver’s-license consequences

• Points

• Criminal or civil consequences

• Insurance

• School

• Employment

The applicable charge and alleged alcohol concentration should be identified before assuming the adult OWI rules apply in exactly the same way.

Can a Michigan OWI Be Reduced?

Potentially.

No reduction is automatic.

Relevant considerations may include:

• Evidentiary weaknesses

• Traffic-stop issues

• Probable cause

• Chemical-testing evidence

• Video

• Constitutional issues

• Prior history

• Negotiations

• Mitigation

The evidence should be evaluated before deciding whether a negotiated resolution is appropriate.

Can a Michigan DUI Be Dismissed?

Potentially, when supported by the evidence and applicable law.

Issues may include:

• Unlawful traffic stop

• Lack of probable cause

• Suppressed evidence

• Constitutional violations

• Chemical-testing issues supported by the records

• Witness problems

• Insufficient evidence

No attorney can guarantee dismissal.

A more useful question is:

What weaknesses, if any, exist in the prosecution’s case?

Why the Specific Michigan Court Matters

Michigan OWI statutes apply statewide.

Court procedures can still differ.

Depending on the court, there may be different:

• Scheduling practices

• Bond conditions

• Testing arrangements

• Probation procedures

• Motion procedures

• Compliance requirements

That is why identifying the specific district court handling the case matters.

Fraiberg & Pernie represents clients in courts throughout Oakland, Wayne and Macomb Counties.

Oakland County DUI & OWI Defense

Oakland County includes numerous district courts serving communities such as:

• Birmingham

• Bloomfield Hills

• Bloomfield Township

• West Bloomfield

• Novi

• Troy

• Rochester Hills

• Clarkston

• Royal Oak

• Farmington Hills

• Southfield

• Ferndale

• Pontiac

• Waterford

Fraiberg & Pernie’s Birmingham office is located in Oakland County.

For county-specific information about courts, evidence, charges and local resources, visit:

Oakland County DUI / OWI Defense

Wayne County DUI & OWI Defense

Wayne County OWI cases may arise in Detroit or suburban district courts serving communities including:

• Livonia

• Westland

• Dearborn

• Dearborn Heights

• Canton

• Plymouth

• Romulus

• Redford

• Taylor

• Wayne

• Wyandotte

Misdemeanor and felony cases can follow different paths depending on the charge and court.

Use the firm’s Wayne County DUI resource for more detailed county and court information.

Macomb County DUI & OWI Defense

Macomb County OWI cases may arise in courts serving communities including:

• Warren

• Sterling Heights

• Shelby Township

• Clinton Township

• Roseville

• Fraser

• St. Clair Shores

• Eastpointe

• Romeo

• New Baltimore

The specific court should be identified rather than assuming every Macomb County OWI case follows the same procedure.

Read the Macomb County DUI / OWI Defense Guide.

Why Consider Fraiberg & Pernie for a Michigan OWI Case?

Choosing an attorney should involve objective information rather than promises about a future result.

Fraiberg & Pernie offers two relevant professional backgrounds:

Matthew Fraiberg
Former City Prosecutor + former Judicial Clerk + Michigan attorney since 1997.

Eric Pernie
Former Police Officer + more than 10 years of law-enforcement experience + SFST and DataMaster DMT experience.

The firm’s OWI case review may involve:

• Evidence preservation

• Discovery review

• Constitutional analysis

• Traffic-stop analysis

• Field sobriety evidence

• Video

• Breath testing

• Blood testing

• Driver’s-license consequences

• Court-specific preparation

• Negotiation

• Motion practice

• Trial preparation

• Professional and employment consequences

No professional background or prior case result predicts what will happen in another person’s case.

Each case requires its own evaluation.

Independent Professional Information

Attorney credentials should be independently verifiable.

Information about Matthew Fraiberg’s licensing, professional background and DUI practice may be available through sources including:

• State Bar of Michigan

• National College for DUI Defense

• Avvo

• Justia

• Martindale-Hubbell

Before publishing direct profile links in this section, verify that each URL leads to the correct current profile.

Michigan DUI & OWI FAQ

Is DUI Called OWI in Michigan?

Yes.

People commonly use the term DUI, but Michigan law primarily uses Operating While Intoxicated, or OWI.

What Is the Legal BAC Limit in Michigan?

For most drivers age 21 or older, 0.08 is the per se alcohol concentration threshold.

Other impaired-driving theories may also apply depending on the evidence.

What Is High BAC in Michigan?

Michigan’s High BAC provisions generally apply to qualifying first-offense cases involving an alleged alcohol concentration of 0.17 or higher.

What Happens at Arraignment?

The court generally advises the accused of the charge, addresses bond and may impose conditions involving alcohol, testing, travel or other conduct.

What Happens During the First Week?

The first week may involve arraignment, testing, bond requirements, driver’s-license questions, evidence preservation and requests for police reports or video.

Can Breath-Test Results Be Challenged?

Potentially.

Equipment records, procedures, observation requirements, operator conduct, error messages and other evidence may be relevant.

Can Blood-Test Results Be Challenged?

Potentially.

Collection, storage, chain of custody, laboratory procedures, timing and scientific interpretation may matter.

Can Body-Camera Video Help an OWI Defense?

Potentially.

Video may confirm, contradict or provide additional context for statements contained in the police report.

Can an OWI Affect a Professional License?

Potentially.

Professional reporting, licensing, credentialing or employment requirements may exist independently of the criminal court.

What Happens After a Second OWI?

A repeat offense can involve greater criminal, probation and driver’s-license consequences.

What Happens After a Third-Offense OWI?

A third-offense OWI may be charged as a felony and may proceed from district court to circuit court.

Does Resolving the Criminal Case Automatically Resolve a Driver’s-License Case?

Not necessarily.

Separate Michigan Secretary of State or implied-consent issues may remain.

How Long Does a Michigan DUI Case Take?

There is no single timeline.

Some cases resolve during pretrial proceedings. Others may require motions, scientific review, hearings or trial.

Do You Need a Lawyer for a First OWI?

A person has the right to represent themselves.

Even a first offense, however, can involve a criminal record, driver’s-license consequences, employment issues, insurance and court requirements.

An attorney can review the evidence and explain available options.

What Should You Bring to a Meeting With a DUI Lawyer?

Bring any:

• Police paperwork

• Jail paperwork

• Court documents

• Testing documents

• Secretary of State notices

Also preserve relevant:

• Photographs

• Videos

• Receipts

• Medical information

• Witness information

Michigan DUI & OWI Resources

Continue with these Fraiberg & Pernie resources:

• Oakland County DUI / OWI Defense

• Macomb County DUI / OWI Defense

• Michigan High BAC Defense

• Michigan Implied Consent Defense

• Michigan Criminal Defense Case Results

• Michigan Criminal Defense & DUI Video Library

• How to Choose a Michigan DUI Lawyer

• Matthew Fraiberg Attorney Profile

• Eric L. Pernie Attorney Profile

• Michigan OWI Statute — MCL 257.625

Speak With a Michigan DUI Lawyer

If you were arrested for OWI, DUI, OWVI, High BAC, drugged driving, repeat OWI, felony OWI or an alleged chemical-test refusal in Michigan, determine what requires immediate attention.

Start with:

• Your bond order

• Alcohol or drug testing

• Driver’s-license status

• Court date

• Secretary of State documents

• Potential evidence

• Employment or professional concerns

• Travel restrictions

Then examine the case itself:

• Why was the vehicle stopped?

• Was the stop lawful?

• What did the officer observe?

• What does the video show?

• How were field sobriety exercises conducted?

• What evidence supported the arrest?

• What do the breath or blood records show?

• Were constitutional protections followed?

• What can the prosecution actually prove?

Fraiberg & Pernie represents individuals facing DUI and OWI charges throughout Oakland County, Wayne County, Macomb County and Southeast Michigan.

Call Fraiberg & Pernie at (248) 986-2682 for a confidential consultation.

Fraiberg & Pernie
1000 S. Old Woodward Avenue, Suite 103
Birmingham, Michigan 48009

Written by: Matthew Fraiberg, Michigan DUI and criminal defense attorney, former City Prosecutor and former Judicial Clerk. Practicing Michigan law since 1997 with more than 29 years of legal experience.

Legally reviewed by: Eric L. Pernie, Michigan criminal defense attorney and former police officer with more than 10 years of law-enforcement experience.

Law Firm: Fraiberg & Pernie
Primary Practice Area: Michigan DUI / OWI Defense
Primary Service Area: Oakland, Wayne and Macomb Counties, Michigan
Last reviewed and updated: October 2026

This page provides general educational information about Michigan OWI law and criminal proceedings and is not legal advice. It does not create an attorney-client relationship. Every case depends on its individual facts, evidence, applicable law, court and circumstances. Past results do not guarantee or predict a similar outcome.