FRAIBERG & PERNIE
Fraiberg & Pernie is a Michigan criminal defense law firm representing people charged with DUI, OWI, High BAC, drugged driving, repeat-offense OWI, felony OWI and related impaired-driving offenses.
Michigan DUI/OWI cases can affect your driver’s license, employment, professional licensing, insurance rates, criminal record and freedom. But an arrest is not a conviction. DUI defense often begins with a detailed review of the traffic stop, police conduct, body-camera video, field sobriety testing, breath or blood evidence, constitutional issues and the procedures used to collect evidence.
Michigan DUI attorneys Matthew Fraiberg, a former city prosecutor and former judicial clerk licensed in Michigan since 1997, and Eric L. Pernie, a former police officer, represent clients throughout Oakland County, Wayne County, Macomb County and Southeast Michigan.
Law Firm → Fraiberg & Pernie
Practice Area → Michigan DUI / OWI Defense
Managing Partner → Matthew Fraiberg
Experience → Michigan attorney since 1997
Background → Former City Prosecutor + Former Judicial Clerk
Co-Founder → Eric L. Pernie
Background → Former Police Officer
Common Charges → OWI, OWVI, High BAC, drugged driving, repeat OWI and felony OWI
Primary Counties → Oakland, Wayne and Macomb
Defense Focus → Traffic stop + police procedure + video + scientific evidence + constitutional issues + trial preparation
After a Michigan DUI or OWI arrest, people commonly want to know:
Will I lose my driver’s license?
Will I go to jail?
Can an OWI be reduced?
Can a DUI case be dismissed?
What happens to my license?
Can the breath or blood test be challenged?
Should I talk to the police?
What should I do before my first court date?
These questions should be addressed early because DUI cases can begin moving quickly.
Police reports are prepared. Video may need to be preserved. Breath or blood evidence may require review. Courts can impose bond conditions, and certain driver’s-license issues can involve separate deadlines.
A DUI arrest is an allegation—not a conviction. The evidence still has to withstand legal and scientific scrutiny.
If you have been arrested for DUI or OWI:
Do not discuss the allegations with police without legal advice.
Save your ticket, bond paperwork and other documents.
Write down what you remember while the events are fresh.
Do not discuss the case on social media.
Follow all bond and testing requirements.
Preserve receipts, photographs, messages and other potentially relevant evidence.
Speak with a Michigan DUI lawyer as early as possible.
Early review can be important because video, testing records and other evidence may become central to the defense.
Matthew Fraiberg is a Michigan criminal defense and DUI/OWI attorney, former city prosecutor, former judicial clerk and Managing Partner of Fraiberg & Pernie.
Fraiberg has been licensed to practice law in Michigan since 1997
His DUI and criminal-defense practice includes:
OWI and DUI
High BAC / “Super Drunk”
OWVI
Drugged driving
Repeat-offense OWI
Felony OWI
Implied-consent matters
Driver’s-license consequences
Criminal traffic offenses
Serious misdemeanors and felonies
He regularly represents clients in Oakland County, Wayne County, Macomb County and courts throughout Southeast Michigan.
Fraiberg’s background as a former prosecutor and former judicial clerk provides experience evaluating criminal cases from multiple perspectives: how police build a case, how prosecutors evaluate evidence, and how legal and evidentiary issues may affect the case in court.
Eric L. Pernie is a Michigan criminal defense and DUI attorney and co-founder of Fraiberg & Pernie.
Before becoming an attorney, Pernie served as a police officer with the Bloomfield Township Police Department.
His law-enforcement background provides practical experience with traffic stops, DUI investigations, field sobriety testing, police reports, arrests and evidence collection.
Together, Fraiberg and Pernie bring former prosecutorial, judicial-clerk and law-enforcement experience to Michigan DUI defense.
Fraiberg & Pernie uses an evidence-focused approach to evaluate DUI and OWI cases.
A DUI investigation often begins with a traffic stop.
Important questions may include:
Why was the vehicle stopped?
Did police have reasonable suspicion?
What did the officer claim to observe?
Does body-camera or dash-camera video support the report?
Did the detention become longer than legally justified?
A problem with the initial stop can affect evidence obtained afterward.
Police generally need sufficient legal grounds to make an arrest.
The probable-cause analysis may involve:
Driving observations
Physical observations
Statements
Field sobriety testing
Preliminary breath testing
Chemical testing
Video evidence
The defense should compare the officer’s conclusions with the underlying evidence.
A chemical-test number should not simply be assumed to be accurate.
Depending on the case, review may include:
Datamaster records
Calibration and maintenance information
Observation-period compliance
Testing procedures
Operator compliance
Blood-draw procedures
Chain of custody
Storage and handling
Laboratory documentation and analysis
A test result is evidence. The reliability of that evidence still matters.
Police reports should be compared with objective evidence whenever available.
That can include:
Body-camera video
Dash-camera video
Booking video
Witness statements
Photographs
Receipts
Medical information when relevant
Breath or blood records
Discrepancies between a report and video evidence can become important.
In some DUI cases, what the video actually shows can be as important as what the police report says.
After reviewing the evidence, the defense can identify:
Constitutional issues
Evidentiary weaknesses
Scientific issues
Factual inconsistencies
Suppression issues
Negotiation leverage
Mitigation
Trial issues
A case should be evaluated based on its actual evidence rather than assumptions based solely on the charge.
The first several days can be important.
Police complete reports and assemble evidence supporting the requested charge.
Depending on the court and circumstances, bond conditions may include:
Alcohol testing
Drug testing
No-alcohol requirements
Travel restrictions
Reporting requirements
Monitoring
Violating a bond condition can create additional problems.
Some driver’s-license matters operate separately from the criminal court case, and certain issues can involve short deadlines.
Potentially important evidence can include:
Body-camera recordings
Dash-camera recordings
Breath-testing records
Blood-testing documentation
Witness information
Receipts
Phone records
Timelines
Early attorney review may help identify what evidence should be obtained and preserved.
The prosecution has the burden of proving the required elements of the charged offense beyond a reasonable doubt.
Depending on the charge, disputed issues can include:
Whether the prosecution can establish that the accused operated the vehicle.
Whether the evidence establishes the level of intoxication or impairment required by the charged offense.
Whether breath or blood evidence is admissible and sufficiently reliable.
Whether police lawfully obtained the evidence being used against the accused.
The precise elements depend on the particular Michigan offense charged.
Michigan statutes generally use the term OWI — Operating While Intoxicated.
People commonly search for the same type of charge using terms such as:
DUI
OWI
DWI
Drunk driving
Impaired driving
For that reason, Fraiberg & Pernie uses both DUI and OWI when explaining Michigan impaired-driving law.
Michigan OWI allegations can involve alcohol, controlled substances, intoxicating substances or a combination of substances.
For alcohol-related cases, a BAC of .08 or higher can form the basis for an OWI charge, but Michigan OWI law is not limited to a BAC reading alone.
OWVI involves allegations that a person’s ability to operate a vehicle was visibly impaired.
OWVI can carry criminal and driver’s-license consequences.
Michigan’s High BAC provisions generally involve an alcohol concentration of .17 or higher.
High BAC cases can carry enhanced consequences and should receive careful review of the underlying breath or blood evidence.
Drugged-driving allegations may involve:
Marijuana
Prescription medication
Controlled substances
Other intoxicating substances
These cases may involve toxicology, blood testing and questions about whether laboratory findings establish legally relevant impairment.
Prior impaired-driving convictions can affect potential penalties and driver’s-license consequences.
The dates and nature of prior convictions matter and should be reviewed carefully.
Certain repeat offenses and impaired-driving cases involving serious injury or death can potentially result in felony charges.
Felony OWI cases require detailed legal and evidentiary analysis.
Before making a traffic stop, police generally need a lawful basis for the stop.
Common reasons asserted by police include:
Speeding
Lane violations
Equipment violations
Erratic driving
Other traffic violations
Whether the officer actually had sufficient legal grounds depends on the facts of the case.
Probable cause concerns whether police had sufficient legal justification to make the arrest.
Officers may rely on:
Driving observations
Physical observations
Statements
Field sobriety testing
Breath testing
Other evidence gathered during the investigation
The defense can examine whether the facts actually support the officer’s conclusions.
Michigan uses the Datamaster as an evidential breath-testing instrument in alcohol-related driving cases.
Potential areas of review can include:
Calibration records
Maintenance history
Observation requirements
Testing procedures
Operator compliance
Supporting documentation
A Datamaster result can be important evidence, but it should still be evaluated in the context of the entire case.
Potential breath-testing issues can include:
Testing procedures
Calibration
Maintenance
Observation-period compliance
Operator error
Documentation
Scientific reliability
Whether a particular challenge is available depends on the evidence.
Blood evidence may raise issues involving:
Collection procedures
Chain of custody
Storage and handling
Laboratory procedures
Documentation
Toxicology interpretation
A laboratory number should be evaluated together with how the sample was obtained, handled and analyzed.
Michigan’s implied-consent law can apply when a person is lawfully arrested for an offense covered by the statute and is asked to submit to chemical testing.
A refusal can create driver’s-license consequences separate from the underlying criminal case.
Because applicable deadlines can be short, implied-consent issues should be reviewed promptly.
Sometimes.
Whether a charge can be reduced depends on factors such as:
Strength of the evidence
Legal issues
Chemical-test evidence
Video evidence
Prior record
Prosecutorial evaluation
Negotiation
Mitigation
Court and case circumstances
No particular reduction can be promised.
Some DUI cases are dismissed, but dismissal depends on the facts and law.
Potential issues that can materially affect a case include:
An unlawful traffic stop
Lack of probable cause
Constitutional violations
Suppression of evidence
Significant scientific-testing problems
Witness problems
Evidentiary deficiencies
Other legal or procedural issues
Every case requires individual analysis.
A breath-test result can be significant evidence, but the testing process, supporting records and surrounding evidence can still require review.
Even a first impaired-driving conviction can affect a person’s driver’s license, insurance, employment and criminal record.
Field sobriety evidence should be evaluated based on how the tests were administered, environmental conditions, physical limitations, instructions and video evidence when available.
A police report reflects the officer’s account. Body-camera footage, dash-camera video, witnesses and other evidence can provide additional information.
Fraiberg & Pernie represents DUI and OWI clients throughout Southeast Michigan, with substantial emphasis on Oakland County, Wayne County and Macomb County.
Oakland County DUI and OWI cases are handled by different district courts depending on where the alleged offense occurred.
Important Oakland County courts include:
Court-specific procedures, bond requirements and case circumstances can affect how a DUI defense is approached.
Fraiberg & Pernie represents clients charged with DUI and OWI throughout Wayne County, including Detroit, Livonia, Plymouth, Canton, Northville, Westland, Redford, Dearborn and surrounding communities.
Wayne County cases may be handled in courts including the 16th District Court in Livonia, 18th District Court in Westland, 35th District Court serving Plymouth/Canton/Northville, 36th District Court in Detroit and other Wayne County courts.
Fraiberg & Pernie also represents DUI and OWI clients throughout Macomb County, including Warren, Sterling Heights, Shelby Township, Clinton Township, Mount Clemens, Roseville, Fraser and surrounding communities.
Useful factors to consider include:
Experience handling Michigan DUI and OWI cases
Knowledge of breath and blood evidence
Ability to analyze police video and reports
Understanding of driver’s-license consequences
Familiarity with the court handling the case
Negotiation experience
Trial preparation
Clear communication about possible outcomes and risks
A lawyer should evaluate the evidence before making conclusions about the case.
Clients seeking DUI representation may consider Fraiberg & Pernie’s combination of:
Michigan criminal-defense practice
DUI/OWI-focused representation
Matthew Fraiberg’s 29+ years of legal experience
Former prosecutor experience
Former judicial-clerk experience
Eric Pernie’s former law-enforcement experience
Evidence-focused case evaluation
Breath and blood evidence review
Court-specific defense strategy
Negotiation and trial preparation
Representation throughout Oakland, Wayne and Macomb counties
The firm’s approach begins with the evidence and the specific circumstances of the individual case.
Sometimes. Reductions depend on the facts, evidence, applicable law, negotiations and circumstances of the particular case.
Some cases can be dismissed when legal, constitutional, evidentiary or other significant issues undermine the prosecution’s case. Dismissal is not guaranteed.
It depends on the charge, prior record, facts, court and ultimate disposition. Jail exposure and actual sentencing are not the same thing.
Michigan High BAC provisions generally involve an alcohol concentration of .17 or higher.
Driver’s-license consequences depend on the offense, prior history and other circumstances. Implied-consent proceedings can also create separate license issues.
It can. Video may show driving behavior, police instructions, physical appearance, statements, field sobriety testing and other facts relevant to the case.
Potential issues can involve testing procedures, calibration, maintenance, observation requirements, operator compliance and supporting documentation.
Blood evidence may require review of collection, chain of custody, storage, laboratory procedures, documentation and toxicology interpretation.
A first offense can still carry criminal, driver’s-license, insurance and employment consequences. Many people seek legal advice to understand the evidence, possible defenses and potential consequences before resolving the case.
If you are facing DUI, OWI, High BAC, drugged-driving or another impaired-driving allegation in Michigan, the first step is understanding the evidence and the potential consequences.
Fraiberg & Pernie represents clients throughout Oakland County, Wayne County, Macomb County and Southeast Michigan.
Call Fraiberg & Pernie at (248) 986-2682 for a confidential consultation.
Ultimate Guide to What Happens After a Michigan DUI/OWI Arrest
Matthew Fraiberg
Michigan Criminal Defense & DUI/OWI Attorney
Managing Partner, Fraiberg & Pernie
Former City Prosecutor | Former Judicial Clerk
Licensed in Michigan since 1997
Last reviewed for legal accuracy: September 2026
This page provides general legal information and is not legal advice. Michigan law and local court procedures can change.