Call it the prosecutor's prerogative.
The 43-year-old New Jack Swinger over for driving erratically around 1 a.m. in Tarzana, Calif. Brown was driving without his court-mandated dashboard Breathalyzer, according to city attorney spokesman Frank Mateljan.
According to the first count against him, Brown was driving under the influence with a prior conviction and refused to take a chemical test when he was collared.
The refusal allegation carries a mandatory, minimum two-day stay in the slammer, while driving with a prior conviction carries a four-day jail term.
Not only that, but the R&B star also was driving on a restricted license and ignored a court order to only drive vehicles that have alcohol-monitoring ignition interlock devices, which requires him to take a breath test before he can start the engine.
The second and third counts carry a maximum of six months each in the slammer and up to $5,000 in fines.
An attorney for the singer, who's out on $25,000 bail, was not available for comment.
This is Brown's second DUI bust this year. He was popped back in March in the San Fernando Valley and ended up pleading no contest and receiving three years' probation, after which he completed a stint in rehab.
An arraignment on the new DUI charges is scheduled for Nov. 16, and if a judge finds that the New Edition crooner violated his probation, he could receive six months in the pokey and a $610 fine for that as well.
Of course, if Brown heads back to rehab, it's possible he could get a reprieve.