A Florida DUI Defense Attorney Explains How Immigration Detainers Work and Why Immediate Legal Representation Can Make a Difference

Understanding How a DUI Arrest Can Lead to an ICE Hold in Florida

As a Florida DUI Defense Attorney, I have represented many clients who faced not only criminal penalties but also immigration consequences after a DUI arrest. One of the most stressful developments that can follow an arrest for driving under the influence is an Immigration and Customs Enforcement (ICE) detainer, also known as an “ICE hold.”

An ICE hold occurs when local law enforcement notifies federal immigration authorities that a person in custody may not have lawful status in the United States. ICE can then request that the local jail hold that person for up to 48 additional hours after they would otherwise be released. During this time, ICE may take the person into federal custody for possible deportation or immigration proceedings.

Even if a DUI arrest does not lead to a conviction, the arrest itself can trigger an ICE hold. This makes it critical to have a private defense attorney who understands both the criminal and immigration sides of these cases. Acting quickly can sometimes prevent ICE from becoming involved at all.

Why ICE May Get Involved After a DUI Arrest

When a person is booked into a Florida county jail, their fingerprints are automatically shared with federal databases. If Immigration and Customs Enforcement detects that the person is undocumented or has a pending immigration issue, an ICE detainer can be issued.

ICE detainers are not arrest warrants. They are administrative requests under federal law, specifically under Title 8 of the United States Code. While federal law allows ICE to issue detainers, Florida law enforcement agencies have discretion whether to honor them unless state or local policies require cooperation. However, in Florida, most counties have entered agreements under Section 287(g) of the Immigration and Nationality Act, authorizing local officers to act as immigration enforcement agents.

This cooperation means that even a misdemeanor DUI can trigger a detainer, particularly for individuals without legal immigration status or those with prior criminal charges.

Florida Statutes That Intersect With Immigration Detainers

While ICE detainers are federal actions, several Florida laws influence how local agencies respond to them. One such statute is Florida Statutes § 908.104, which states:

“A law enforcement agency that has custody of a person subject to an immigration detainer shall provide notice to the Department of Homeland Security of the person's release date and maintain custody of the person for a period not to exceed 48 hours after the scheduled release, to allow the department to assume custody.”

This means Florida law enforcement agencies are generally obligated to cooperate with ICE, which places noncitizens at risk of detention even after their criminal case is resolved or bail is posted.

Additionally, under Florida Statute § 316.193, DUI is defined as:

“A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state and:
(a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired; or
(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood or 0.08 or more grams of alcohol per 210 liters of breath.”

Even a misdemeanor DUI under this statute can be viewed by ICE as a “crime involving moral turpitude,” depending on the facts, especially if the offense resulted in injury or property damage.

The Immediate Consequences of an ICE Hold After a DUI

Once ICE places a hold, the person may be kept in jail even if they post bond. This extra detention often disrupts family life, employment, and education, and it can derail ongoing immigration proceedings.

The impact of an ICE hold goes beyond the criminal process. Immigration authorities may initiate removal proceedings, and prior lawful status (such as DACA, student visas, or pending asylum claims) can be revoked. If the DUI involved an accident or injuries, ICE is far more likely to pursue deportation.

Because of these risks, having a Florida DUI Defense Attorney who understands the intersection of criminal law and immigration enforcement is crucial. I often work closely with immigration counsel to ensure that my clients are protected in both legal systems.

Real Case Example: DUI Arrest and ICE Hold Avoided

A recent case involved a lawful permanent resident from Honduras who was arrested in Orange County for DUI after a minor fender-bender. The officer claimed my client smelled of alcohol and had slurred speech, leading to a breath test request. My client refused, triggering an automatic driver’s license suspension.

When the client was booked, ICE placed a detainer. His family contacted me immediately, and I intervened within hours. By filing a motion challenging probable cause for the arrest and contesting the legality of the stop, we were able to secure a quick dismissal of the DUI charge before formal filing. Because there was no official criminal charge, ICE withdrew its detainer, and my client was released without being transferred to federal custody.

This case illustrates how rapid legal action can prevent an ICE hold from turning into an immigration detention.

Florida Statute § 316.193 Penalties and Immigration Impact

Florida DUI penalties include up to six months in jail for a first offense, fines between $500 and $1,000, probation, community service, and a mandatory license suspension. While these are serious penalties for anyone, for noncitizens the consequences are far more severe.

A single DUI conviction can lead to deportation if there are aggravating circumstances such as:

  • A child in the vehicle,

  • Injury or death to another person,

  • Driving without a valid license, or

  • Prior DUI convictions.

For noncitizens with Temporary Protected Status or DACA, a DUI conviction may make them ineligible for renewal.

Defenses That Can Prevent a DUI Conviction and ICE Involvement

The best way to prevent an ICE hold from becoming permanent detention is to prevent a DUI conviction in the first place. Common defenses include:

1. Unlawful Traffic Stop:
Officers must have probable cause or reasonable suspicion to initiate a stop. If the stop was based on an anonymous tip or vague observation, the evidence can be suppressed.

2. Faulty Breath or Blood Testing:
Breathalyzer devices must be maintained and calibrated under strict rules. If there is a break in the chain of custody or procedural violation, test results can be excluded.

3. Lack of Evidence of Impairment:
Florida law requires proof that a driver’s normal faculties were impaired. Signs such as glassy eyes or odor of alcohol are not enough without reliable test results.

4. Miranda Violations or Coerced Statements:
Any self-incriminating statement made after improper police questioning can be challenged and excluded.

By asserting these defenses, an attorney can often secure reduced charges, such as reckless driving under Florida Statute § 316.192, which carries fewer immigration consequences and may not trigger an ICE detainer.

Why You Need a Private Attorney If You Face an ICE Hold After a DUI

Public defenders in Florida handle an enormous number of cases, and while they are skilled lawyers, they are not permitted to advise on immigration consequences in detail. A private defense attorney can act immediately, coordinate with immigration counsel, and file the right motions before ICE intervenes.

Timing is everything. In many cases, ICE files a detainer within 24 hours of arrest. If your attorney can secure release or dismissal early, ICE may not have a basis to act. I have seen clients avoid deportation entirely because their private counsel intervened before federal action began.

A private attorney can also request bond hearings, challenge unlawful detainers, and pursue plea arrangements that avoid deportable offenses.

Florida’s 287(g) Cooperation Agreements and Their Effect

Under the federal 287(g) program, Florida sheriffs and jail officers are permitted to perform limited immigration enforcement duties. This makes Florida one of the strictest states in terms of ICE cooperation.

In practical terms, this means that even a minor traffic-related DUI can result in federal detention. Some counties in Florida actively review jail rosters daily to identify noncitizen arrestees. This underscores the need for fast legal representation.

How I Protect Clients Facing Both DUI and Immigration Consequences

When I take on a DUI case with potential immigration implications, I immediately:

  • Review the arrest report and testing procedures for legal defects,

  • Contact the jail to determine ICE involvement,

  • Coordinate with an immigration attorney if needed, and

  • File motions to dismiss or suppress evidence before formal charging.

This proactive strategy has helped many clients avoid the devastating combination of criminal conviction and immigration detention.

What Happens If You Are Transferred to ICE Custody

If ICE assumes custody after your release from a Florida jail, you will be taken to a federal detention facility. You may be eligible for an immigration bond, but this process is separate from your DUI case. Having a criminal defense lawyer already working on your case helps your immigration counsel argue that you are not a flight risk and have strong community ties.

Your DUI case continues even if you are transferred to ICE custody, which makes it vital that your attorney continues defending your case while you are detained.

Why Prosecutors May Reduce Charges to Avoid Immigration Consequences

Florida prosecutors have discretion in how DUI cases are handled. An experienced defense attorney can often negotiate for a reduction to reckless driving or dismissal under a diversion program. These outcomes are not considered deportable offenses under immigration law and can eliminate ICE interest.

In my practice, I have successfully argued for charge reductions based on improper procedures and mitigating factors such as a clean record or completion of alcohol treatment.

Long-Term Immigration Consequences of a DUI Conviction

Even after an ICE hold is lifted, a DUI conviction can affect:

  • Future visa or green card applications,

  • Adjustment of status eligibility, and

  • Naturalization under 8 U.S.C. §1427, which requires “good moral character.”

If ICE initiates removal, the DUI conviction can be used as evidence against you. Avoiding conviction through skilled defense is the best protection against future immigration consequences.

Florida DUI Defense Frequently Asked Questions 

Can ICE place a hold on any DUI arrest in Florida?
Yes. ICE can issue a detainer for anyone suspected of being in the United States without legal status, even for a misdemeanor DUI. The detainer requests that local authorities hold you for up to 48 hours after release. Florida law enforcement agencies generally comply with these requests under §908.104. A private attorney can often act before the hold takes effect, challenging the arrest or securing your release.

What if I am a lawful permanent resident with a green card?
Lawful permanent residents can also face ICE involvement if their DUI involves aggravating circumstances such as injuries, prior arrests, or drugs. While a first-time DUI usually does not result in deportation, it can still delay citizenship or result in ICE review. Your attorney can work to reduce the charge to avoid classification as a crime involving moral turpitude.

Can a DUI dismissal stop an ICE hold?
Yes. If your case is dismissed or never formally filed, ICE has less legal justification to maintain custody. A private attorney can file motions to dismiss based on lack of probable cause or unlawful stops, which can eliminate the basis for the detainer.

Does posting bond remove an ICE hold?
No. Posting bond in your DUI case does not affect an ICE detainer. The hold is separate from your criminal release, and the jail must still hold you for up to 48 hours if ICE requests it. The only effective way to avoid transfer is to have your attorney challenge the detainer or secure dismissal quickly.

Can a plea deal protect me from deportation?
Yes, but it depends on the plea. Pleading guilty to DUI can have lasting immigration effects. A skilled defense attorney can often negotiate a plea to reckless driving or another non-deportable offense under §316.192. This protects both your criminal record and immigration status.

Can ICE deport me if I was not convicted of DUI?
In some cases, yes. ICE can initiate removal proceedings based solely on unlawful presence or prior violations. However, without a conviction, their case is weaker. Your criminal defense attorney can coordinate with immigration counsel to argue for cancellation of removal or voluntary departure instead of deportation.

Why does hiring a private attorney matter?
Private attorneys can move faster, access discovery earlier, and negotiate directly with prosecutors. Public defenders may not have the capacity to handle the immigration complications. Private representation gives you the advantage of coordinated defense on both the criminal and immigration fronts.

Can an attorney stop ICE from detaining me?
An attorney cannot control federal decisions, but quick legal action can prevent the situation from escalating. By contesting probable cause, filing suppression motions, or obtaining case dismissal, your attorney can remove the reason ICE became involved in the first place.

Call Our Florida DUI Defense Attorney to Protect Your Rights

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with DUI and other offenses that can trigger ICE involvement. We are available 24/7/365 at 1-888-484-5057 for your free consultation.

With over 35 offices across Florida, including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and throughout the Florida Panhandle, our attorneys are ready to defend your rights and protect your future.

When your freedom and immigration status are at stake, act fast. Contact us now to protect your record, your residency, and your family’s peace of mind.