Fakih's attorney confirms the arrest and says she is "very saddened and very apologetic for the situation that she is in right now."
The 26-year-old was born in Lebanon. Her family lives in the Detroit suburb of Dearborn, Michigan.
Fakih won the Miss USA pageant in May 2010 and reigned until June of this year. She was the first Arab-American to ever win the title.
Fakih was involved in another scandal right after her win, when photos surfaced showing her competing in a pole dancing contest.
The Associated Press contributed to this story.