DUI FAQs Over Three Decades of Fighting For Your Freedom


You Have Questions, Fraiberg & Pernie Have Answers

Our Oakland County DUI attorneys are conveniently located in Birmingham and Oak Park, MI. In addition to over 35 years of experience in criminal defense, Attorney Fraiberg has experience as a former prosecutor, and Attorney Pernie has experience as a former police officer. With this background, we can provide you with a uniquely comprehensive perspective on how DUI cases are handled in Michigan. We know how the criminal justice system works, and we can put that knowledge to work for you.

Do you have questions about your DUI case? Schedule a free case consultation in-person or on the phone by calling (248) 440-7936.

What Are the Common DUI Charges in Michigan?

DUIs are more commonly referred to as operating while intoxicated (OWI) or operating while visibly impaired (OWVI). The circumstances surrounding your case will dictate how a prosecutor charges you. Prosecutors will consider things such as your blood alcohol content (BAC), your age, and what substances were involved in your case.

DUI charges in Michigan include:

  • OWI: when your BAC is above the legal limit of 0.08%
  • OWVI: when alcohol or drugs visibly impair you
  • Operating with any presence of a Schedule 1 drug or Cocaine (OWDP): even having small traces of these controlled substances in your body can result in charges, even if you are not visibly impaired
  • Zero Tolerance or underage DUIs: OWI or OWVI while under the age of 21 and/or operating a vehicle with any amount of alcohol in your system

What Sobriety Tests Will Be Administered?

If you are arrested on suspicion of a DUI, the arresting officer may ask you to take a field sobriety test, a preliminary breath test (PBT), or a blood test. The PBT and the blood test are referred to as "chemical tests." You may also be asked to submit to a urine test, but this is not very common.

The sobriety test often involves completing tasks such as counting backward, walking in a straight line and turning or standing on one leg. The PBT is generally used to establish the probable cause needed to make an arrest. While you cannot be arrested for refusing to take a PBT, you may still be arrested even without taking one.

If you agree to submit to a blood test, the arresting officer may take you to a hospital to have the test administered. Getting results from the blood test can be time-consuming, and it may be weeks or months before you receive results and formal charges.

What Happens If I Refuse a Chemical Test?

Your license may be suspended up to a year after the refusal of a blood test, but you will be issued a DI-93 permit, assuming that your license was not already suspended or revoked at the time of your arrest.

If you receive a DI-93 permit, it is crucial that you work with an Oakland County DUI lawyer as soon as possible as you must schedule a hearing with the Secretary of State within 14 days of receiving the DU-93. This hearing is where you will attempt to keep your license, but if you lose this hearing, you do have the option to appeal for a restricted license from the Circuit Court.

What Happens If I Am Convicted?

If you are convicted of a DUI, the judge will hand down your penalties. These penalties can include fines, jail time, mandatory community service, and the suspension or revocation of your driving privileges. If you have been convicted of a DUI, it is worth calling our Oakland County DUI attorneys to ensure that all of your options have been explored, and to help you through your next steps. This is especially important if you have multiple DUIs on your record.

Don’t let a DUI hold you back. Our DUI lawyers in Birmingham and Oak Park can help you today. Call Fraiberg & Pernie at (248) 440-7936 or contact us online.

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