In the evolving landscape of criminal law and immigration enforcement, few recent developments have raised more alarm bells than the Laken Riley Act. While its stated aim is public safety, the practical fallout—particularly for those arrested for DWI (Driving While Intoxicated)—could be profound.
What Is the Laken Riley Act?
The Laken Riley Act, passed by the U.S. House in 2024 and adopted in large part through executive action in early 2025, is designed to expand federal immigration enforcement, particularly by mandating detention for non-citizens charged with certain crimes.
Here’s the crucial detail: You don’t have to be convicted. A simple arrest or charge may be enough to land a non-citizen in ICE custody.
And yes—DWI is included.
Why Criminal Defense Attorneys Must Take Notice
As a criminal defense attorney practicing throughout Virginia—including Arlington, Fairfax, Prince William, Loudoun, and beyond—my job doesn’t end with the criminal courtroom anymore. For non-citizen clients, a DWI arrest can have dual consequences: prosecution in state court and detention or removal in immigration court.
The Laken Riley Act shifts the ground beneath our feet by:
- Eliminating bond or release options for certain non-citizens charged with crimes like DWI.
- Encouraging state cooperation with ICE—even in jurisdictions previously reluctant to do so.
- Creating a situation where even minor offenses can trigger life-altering immigration consequences.
Real-World Impact on DWI Arrests in Virginia
Let’s walk through a hypothetical:
A green card holder is pulled over in Prince William County for speeding. The officer smells alcohol. A breath test reveals a 0.08 BAC. The client is charged with first-time DWI under Va. Code § 18.2-266.
Before the Laken Riley Act, this would be a serious charge, but manageable. The client could likely get bond, explore mitigation options, and perhaps plead to a reduced charge.
Now, with Laken Riley enforcement:
- The client may face an ICE detainer at the jail—before their first court date.
- ICE could pick them up even if they’re ultimately acquitted.
- Prosecutors may be less inclined to negotiate, knowing the federal consequences.
“But It Was Just One Beer!” – Why That Doesn’t Matter
The chilling part of the Laken Riley framework is that intent doesn’t matter. Public safety officials are encouraged to act broadly. A first-time DWI with no accident and no injuries is still enough to start the federal machinery.
What Defense Attorneys Must Do Differently Now
Here’s how we’re adjusting our approach at Dischley Law:
1. Early Immigration Screening
From the moment we get a case, we ask:
- Is the client a U.S. citizen?
- Do they have pending immigration matters?
- Have they had prior arrests?
If the answer is anything other than full U.S. citizenship, we treat the DWI as a potentially deportable offense.
2. Plea Bargains Must Be Strategic
We avoid plea deals that:
- Stipulate to facts involving alcohol
- Trigger mandatory ICE notification (e.g., admissions of guilt with DUI-like conduct)
- Leave a paper trail that makes deportation easier
We aim for non-alcohol-related misdemeanors like reckless driving (non-influence), obstruction, or even improper driving under § 46.2-869.
3. Fight the Underlying Charge
If there’s any legal avenue to suppress field sobriety tests, BAC results, or the basis for the stop—we pursue it aggressively. A dismissal is now not just a win—it could be the difference between staying in the U.S. and being deported.
Advice to Clients: Speak Carefully
If you’re a non-citizen:
- Do not admit to drinking when pulled over.
- Do not say “just one beer.” That can be enough for ICE.
- Call a defense attorney immediately—one who understands both criminal and immigration law.
Final Thoughts
The Laken Riley Act has introduced a harsh new reality: being arrested for DWI is no longer just a criminal issue—it’s an immigration crisis in the making. We must adjust how we defend, advise, and support our clients, or risk letting one poor decision end someone’s life in the U.S.
If you or a loved one is facing a DWI charge in Northern Virginia and are not a U.S. citizen, call Dischley Law immediately. We understand what’s at stake—and we fight like it.
Serving clients in Fairfax, Arlington, Prince William, Stafford, Loudoun, and throughout Northern Virginia.
Call us now at (703) 215-9337