Richie's Wrong Turn Could Lead to Jail

Court documents show that the Simple Life star previously pleaded no contest to DUI in 2003; under California law, a second DUI conviction merits a mandatory five-day stint behind bars

By Sarah Hall Dec 14, 2006 9:54 PMTags

Nicole Richie's latest wrong turn could land her behind bars.

Court documents unearthed by E! News show that the Simple Life star, who was arrested for suspected DUI on Monday, previously pleaded no contest to drunk driving in 2003.

According to a police report on the prior incident obtained by tmz.com, Richie was observed cruising through a red light on Sunset Boulevard in a white Toyota Corolla (her ride of choice before fame came knocking), then driving over a speed bump at 50 mph.

After police pulled her over, she failed a field sobriety test and was taken into custody. According to the police report, Richie said all she had consumed the day of her arrest were French fries and a shot of vodka.

In two separate Breathalyzer tests, she blew a 0.12 and a 0.13—well over the legal limit of 0.08. She was sentenced to three year's probation and had her license suspended for one year, according to the court documents. She also agreed to submit to any chemical or breath tests stemming from future incidents.

Six months later, she was arrested again for possession of heroin and for driving with a suspended license. Following that arrest, she served a stint in rehab.

Under California law, anyone twice convicted of DUI within a 10-year period could face between 90 days and a year in jail. Should Richie be convicted this time around, she would also have to attend an alcohol-education program, potentially have her license suspended for a year and face a fine of up to $1,000.

Richie was arrested Monday after several motorists called 911 and reported seeing her black SUV traveling the wrong way on the Ventura (134) Freeway.

When police arrived on the scene, they found Richie in her car, stopped in the carpool line, facing the correct direction.

She admitted to smoking pot and taking the painkiller Vicodin, according to the CHP. A field sobriety test showed that she was not under the influence of alcohol.

So far, Richie has not even been charged in Monday's incident. The Los Angeles District Attorney's office was waiting for an official report from the California Highway Patrol before deciding whether to file charges.

A court hearing has been tentatively scheduled for Feb. 7, assuming charges are filed. Richie, who is currently free on $15,000 bail, would not have to attend.

"This is a difficult time for Nicole but she is prepared to accept whatever responsibility is appropriate," Richie's attorney, Howard Weitzman, said in a statement Monday. "She intends to continue with her career and will deal with any other issues that need to be addressed."