As a repeat offender, the 24 star faces mandatory jail time
Kiefer Sutherland has been formally charged with two misdemeanor counts of DUI, the Los Angeles City Attorney’s Office announced Friday.
Prosecutors are also seeking to revoke his probation, stemming from a previous DUI conviction in November 2004.
The 24 star, 40, faces up to one year in county jail if convicted and a $1,000 fine, plus an additional six months if a judge deems he violated probation.
His arraignment is set for Oct. 16. According to a legal source, Sutherland has hired attorney Blair Berk, who is also currently representing Lindsay Lohan.
The actor’s rep wasn’t immediately available for comment. A spokesperson for 20th Century Fox Television, which produces 24, said Friday that for now, the news of the charges has no impact on the series.
Sutherland was arrested on suspicion of driving under the influence in the early morning of Sept. 25 in Hollywood, according to the Los Angeles police department.
After leaving a FOX network event at Area nightclub, Sutherland made an illegal U-turn. Officers pulled him over, and the actor failed a field sobriety test.
He was arrested and released on $25,000 bail.
Because of his previous DUI conviction, Sutherland faces a mandatory minimum sentence of four days in jail if convicted for this latest incident, which was his fourth DUI-related arrest.
In 1989, he was arrested for DUI and carrying a concealed and loaded weapon. In a deal with prosecutors, he pleaded no contest to alcohol-related reckless driving, and the other charges were dropped.
He was arrested for DUI again in 1993, and pleaded out the same way. He was given the option of serving 12 days in jail or performing 211 hours of community service, and opted for the latter.
Who’s turning 40? Which celebs are high school dropouts? What’s hot and definitely not in fall fashion? Check out PEOPLE’s new digital magazine now!