A U.S. Immigration and Customs Enforcement agent has been accused of drunk driving while off the clock in Chicago's western suburbs.

Guillermo Diaz-Torres, 33, of Albuquerque, New Mexico, was arrested last month in Oak Brook.

The agent was sent to the Chicago area to be a part of Operation Midway Blitz, the immigration enforcement effort in which the Trump administration repeatedly has said drunk driving is reason enough for immigrants in the U.S. illegally to be detained and deported.

Now an ICE agent participating in Operation Midway Blitz is charged with that same crime. 

Police said Diaz-Torres was asleep at the wheel during a crash in Oak Brook on Oct. 26.

On body camera video from his arrest, Diaz-Torres told officers he had finished an 18-hour shift at the ICE processing facility in Broadview at midnight.

An hour and a half later, his SUV jumped a curb and plowed into a row of shrubs – barely missing a pole and a pedestrian crosswalk.

"I got off shift. I came here. You guys have a checkpoint. This doesn't look good," he said. 

"Do what you gotta do. None of that matters. This is unacceptable," a police officer told Diaz-Torres.

A police report showed Diaz-Torres' speech was slurred, his eyes were bloodshot, and officers smelled a strong odor of alcohol.

On body camera video, Diaz-Torres told officers he was heading straight to his hotel in Lombard and didn't stop. He couldn't explain where he'd been since his shift ended an hour and a half earlier less than 10 miles away.

"Which direction were you coming from over here?" an officer asked him.

"I have no idea, sir. I'm not from here," he said.

Diaz-Torres was run through a series of sobriety tests – including balancing, walking in a straight line, and reciting the alphabet – which police said he failed. He also refused to take Breathalyzer test at the scene of the crash.

"I'm not going to do that," he said.

"You're not going to do that?" an officer asked.

"No sir," he said.

"You're refusing to blow?" an officer asked.

"Yes," Diaz-Torres said.

His arrest for driving under the influence came as ICE has been cracking down on undocumented drivers charged with the very same offense.

CBS News Chicago legal analyst Irv Miller said this case will likely go to trial, and it will be up to the federal government whether he stays on the job

"This judge, who is hearing the DUI case, has nothing to do with the conditions of his employment. The only issue that the judge has is whether or not he's guilty or not guilty, and if he's found guilty, what the sentence would be."

Miller said, if other people have been detained by Diaz-Torres because of a DUI charge, the criminal charges against him won't come into play at all.

Diaz-Torres has no prior criminal history, a CBS News Chicago review of court records found. He's now facing a Dec. 5 court date in DuPage County.

His attorney declined to comment on behalf of his client. The U.S. Department of Homeland Security did not immediately respond to a request for comment.