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Kiefer Facing DUI, Probation-Violation Rap

Fri., Sep. 28, 2007 1:02 PM PDT by Marcus Errico

Jack Bauer might be off the clock until January, but the countdown's on for Kiefer Sutherland's courtroom drama.

The 24 star was charged Friday with two misdemeanor DUI counts stemming from his arrest Tuesday, the Los Angeles City Attorney's Office announced.

Sutherland, 40, was officially rung up for driving under the influence and driving with an alcohol level above 0.08 percent. (View the criminal complaint.)

Normally, those misdemeanors would warrant a slap on the wrist, but if prosecutors have their druthers, Sutherland won't be skating.

In addition to the two DUI counts, the city attorney is seeking to have the Emmy winner's probation revoked from a November 2004 drunken-driving conviction—meaning he could face a fate similar to Paris Hilton's.

"We have charged Mr. Sutherland with a second DUI offense within 10 years, which we believe also constitutes a violation of the terms of his probation from his 2004 conviction," said Nick Velasquez, a spokesman for the City Attorney's Office.

"Since he is still on probation from this 2004 DUI, we have also requested that the court revoke his probation and set a probation-violation hearing."

Sutherland was sentenced to 60 months' probation, 50 hours of community service and an alcohol-treatment program in 2004. He completed the community service and treatment in 2005.

There was no immediate comment from Sutherland's camp. Earlier in the week, publicist Evelyn Karamanos said that "it would be premature to comment at this time."

Velasquez declined to say exactly what specific penalty prosecutors will seek against Sutherland, instead opting to make the recommendations in court.

The counts carry a maximum sentence of one year in jail and a $1,000 fine. Additionally, if the court finds him in violation of any terms or conditions of his probation from his 2004 conviction, he could be ordered to serve up to an additional six months in the county jail.

Aside from his 2004 conviction, Sutherland was previously charged with drunken-driving counts in 1989 and 1993. In both cases, he copped pleas to the lesser charge of alcohol-related reckless driving.

Sutherland, like Hilton, must stand before L.A. Superior Court Judge Michael T. Sauer. The jurist, who came down hard on the heiress and got into a public spat with the Sheriff's Department over the length of her sentence, quipped during one Hilton hearing that he didn't want to be known as "DUI judge to the stars."

Sutherland put in face time at a party Monday night celebrating the launch of the Fox fall season. Police nabbed him for making an illegal U-turn at 1:35 a.m., and he botched a field sobriety test, according to the LAPD.

While the actor did make a scheduled appearance later in the day to receive the Excellence Award from the Alliance of Canadian Cinema, Television and Radio Artists, the event was closed to the media.

However, by Tuesday afternoon, organizers of the True Blue fundraiser for the Los Angeles Police Foundation quickly dropped Sutherland from his emceeing duties at a weekend benefit feting 24 producer Brian Grazer.

Sutherland has since returned to the set of 24, which is scheduled to begin its new season in January.

His arraignment is set for Oct. 16, but he is not required to appear.