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ICE Detainers and DUI Arrests: What You Need to Know

Michael P. Maddux, P.A. Team
Landscape legal infographic explaining ICE immigration detainers and Form I-247, featuring an individual in custody beside an ICE officer, an immigration detainer document, and sections describing how ICE detainers apply after DUI arrests, 48-hour hold requests, and the importance of immediate legal representation in both criminal and immigration cases.

Reviewed by Michael P. Maddux, Esq. | Board Certified Criminal Trial Lawyer | Florida Super Lawyer for 16 Consecutive Years

An Immigration Detainer, also known as Form I-247, is a request issued by U.S. Immigration and Customs Enforcement (ICE) asking local law enforcement to:

  • Notify ICE before an individual is released from custody, and
  • Hold the individual for up to 48 hours (excluding weekends and holidays) so ICE can take custody.

Does an Immigration Detainer Apply to Someone Arrested for DUI?

Yes. ICE may issue an immigration detainer based on an arrest alone, even if the charge is a misdemeanor, including DUI. A conviction is not required for ICE to take action.

If you or a loved one has been arrested for DUI and an ICE detainer has been issued, time is critical. Immigration consequences can move quickly and may overlap with the criminal case.

Contact our office immediately to discuss your rights, your options, and how to protect yourself in both the criminal and immigration systems.

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