Charges With DWI as an Unlawful Migrant in North Carolina: What Are My Chances?

In January of 2026, multiple sources reported that an unlawful migrant was facing multiple DWI charges in North Carolina. Authorities say that he caused a crash that claimed the lives of a high-profile college athlete and his girlfriend. The case raises important questions about immigration policy, but it also helps explain what might happen to undocumented individuals if they face DWI charges in North Carolina. What if you find yourself in a similar situation?

Defendant Had Prior DWI Charge on His Record

Fox News reports that the 37-year-old undocumented individual had a prior DWI on his record that had been “dismissed with leave” by a North Carolina court. This process allows the court to remove a case from the docket with the option to reinstate charges at a later date. The fact that this individual seems to have escaped consequences for a prior DUI has come under scrutiny, although the circumstances of that initial charge are not exactly clear.

Police say that the defendant crossed the center line late on Friday night before colliding head-on with the victim’s vehicle. The impact killed a 20-year-old college soccer star and his 19-year-old girlfriend. Police also note that when they arrived at the crash scene, they smelled alcohol on the defendant. A state trooper also claims that the defendant was stumbling even before being handcuffed.

Judge Labels Defendant a Flight Risk

This particular defendant allegedly has a history of failing to attend court hearings. Along with his prior DWI charge, this led the judge to keep him in custody and set his bail at $5 million. The obvious fear is that he will flee the country before accepting consequences.

What Happens if You Get a DWI as an Undocumented Person?

In this case, Immigration and Customs Enforcement (ICE) eventually became involved and placed a “detainer” on him. This means that local law enforcement is legally required to hold the defendant for at least an additional 48 hours, giving ICE time to potentially take the individual into federal custody.

The next steps could involve deportation. However, an undocumented person in this situation would probably face a criminal DWI trial before deportation proceedings. Under normal circumstances, the defendant would serve out their prison sentence for a fatal DUI before being deported after their release.

A DWI is not normally a deportable offense. However, this crime could bring an undocumented person to the attention of ICE, which may then begin deportation proceedings. The current administration has displayed a willingness to deport unlawfully present individuals once they become aware of them. That said, a fatal DWI can be a deportable offense. This is something worth discussing with an Asheville DWI attorney.

Can a North Carolina DWI Defense Attorney Help Me? 

If you are undocumented and you’re facing DWI charges in North Carolina, much is at stake. Depending on the severity of your charges, you might face both criminal penalties and deportation. This makes your legal defense particularly important, and it makes sense to work with an experienced defense attorney in this situation. Contact The Pritchard Firm today to get started with a defense strategy.

Sources:

 foxnews.com/us/illegal-immigrant-accused-deaths-college-soccer-player-girlfriend-had-prior-dwi-dismissed-records

wdbj7.com/2026/01/20/man-charged-with-dwi-after-crash-kills-2-including-exceptional-college-student-athlete/