Chris Klein Fights DUI, Doesn't Want to Make Like Lindsay Lohan

Here on Earth star not here in court; sends lawyer to declare his innocence in a DUI case

Chris Klein is doing everything possible to avoid ending up with the same fate as a certain teenage drama queen.

After spending the last 30 days drying out at the Cirque Lodge rehab center in Park City, Utah, the American Pie guy was scheduled to appear in a Los Angeles courtroom today to be arraigned for two misdemeanor DUI counts.

Instead, Klein waived his right to an arraignment and dispatched his high-profile attorney, Blair Berk, to enter a pair of not-guilty pleas on his behalf.

But will that keep him out of jail?

Things aren't looking too good for the actor.

Judge Rebecca Omens ordered Klein to show in person at his preliminary hearing scheduled for Aug. 23. She also prohibited him from drinking or possessing any alcoholic beverages.

The 31-year-old thespian was busted on June 16 on suspicion of DUI after the California Highway Patrol spotted him weaving all over the Hollywood 101 Freeway, chauffering his pet pooch.

Klein's blood-alcohol level was allegedly almost three times the legal limit.

The arrest marks the second drinking and driving rap for Katie Holmes' former fiancé, who pleaded guilty in 2005 to a misdemeanor DUI charge.

He's trying everything possible to avoid a second black mark on his record.

Because of the earlier case, if convicted on the new charges Klein would face a minimum mandatory sentence of four days in the clink and a maximum of a year in jail.