Britney Spears faces a critical legal test in California after her arrest on suspicion of driving under the influence inVentura Countyon Wednesday 4 March, with a Los Angeles criminal defence lawyer warning the popstar could see her driving licence suspended and face a range of penalties if prosecutors move ahead with a DUI case.
The 44‑year‑old singer was pulled over after officers said they saw hercar swerving in and out of lanes and speeding. Anunknown substance was reportedly found in her vehicle, and she was taken to hospital for a blood alcohol test before being booked into custody in the early hours of Thursday and later released.
Speaking to OK!, Los Angeles‑based criminal defence attorney Christopher Chaney set out the possible legal consequences if Britney Spears' case is filed as a standard first‑offence DUI with no injuries and no prior drink‑driving record.
'If the case is filed as a first‑offense misdemeanour DUI (no injuries involved and no prior DUI history), potential penalties include fines, DUI education classes, probation, and some form of driver's licence suspension or restriction through the DMV,' Chaney said.
He added that punishments typically escalate when there are aggravating factors such as a very high blood alcohol level, refusing breath or blood tests, prior DUIs or allegations of reckless driving.
Police say Spears was stopped after they saw her car moving erratically on the road. She was 'immediately' transported to hospital for her blood alcohol concentration to be checked. The reported result was 0.06. In California, the legal limit for most drivers is 0.08.
Chaney explained that, as soon as a DUI arrest is logged, the California Department of Motor Vehicles begins its own administrative case which can lead to a licence suspension independently of any court ruling.
'At the same time, the California DMV starts its own administrative process that can lead to a licence suspension,' he said. 'To challenge the suspension, you have to request a DMV hearing within 10 days, so that will likely be the first thing her legal team does. That will also give her team early access to police reports and video of the incident well before her first court appearance and allow them to begin formulating her defence.'
Spears was booked at 3.02am on Thursday and released around 6am. Prosecutors are now reviewing police reports and the laboratory analysis of her blood sample to decide whether they believe they can prove a DUI charge beyond reasonable doubt.
Britney is scheduled toappear in court on 4 May,where any charges are read out and an initial plea is entered.
Source: International Business Times UK
