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FIRST ON 3: Suspect in DQ DWI crash an illegal immigrant

READ MORE: FIRST ON 3: Suspect in DQ DWI crash an illegal immigrant

WILMINGTON, NC (WWAY) -- An update to a story that you will see ONLY ON 3. The man charged with DWI after he ran into the Dairy Queen more than a week ago is behind bars and will remain there without bond.

The New Hanover County Sheriff's Office confirmed that Isaias Martinez-Garcia is an illegal immigrant. The Sheriff's Office received a notice of action from Immigration and Customs Enforcement ordering a immigration detainer on the 28-year-old. Martinez-Garcia is facing his fifth DWI charge in New Hanover County.

Investigators say Martinez-Garcia got behind the wheel after he had been drinking on the night of May 14 and ran a SUV into the Dairy Queen on Oleander Drive. No one was injured, but there was major damage done to the Dairy Queen.

Martinez-Garcia has an extensive criminal background ranging from cocaine charges to driving with a revoked license, but it took his fifth DWI for the county and feds to confirm he was an illegal immigrant.

"Every DWI arrest for this defendant he has been taken into court and vigorously prosecuted by the DA's office and convicted," assistant DA Jon David said. "There's a weakness right now in the state law in that we can't get a big punishment for these types of offenses, and so we can bridge the gap and ensure there's justice and the end of the process by making sure a guy like this is deported following this prosecution."

Martinez-Garcia's next court date is June 3. If found guilty for the Dairy Queen DWI, Martinez-Garcia will serve his time in New Hanover County. Immigration and Customs Enforcement then has 48 hours to pick him up. If it does not him up within two business days, Martinez-Garcia will be released from jail.

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