Doraid Elder tells the Detroit Free Press that Fakih is "very saddened and very apologetic for the situation that she is in right now."
Elder says police arrested Fakih early Saturday.
The 26-year-old Fakih was born in Lebanon. She was raised in New York and moved to Michigan in 2003. Her family lives in the Detroit suburb of Dearborn.
She won the Miss USA Pageant in May 2010. Her reign ended June 19, 2011.
She was the first Miss Michigan to win the title since 1993 and the first Arab American winner ever.