The California vehicle code specifies that if convicted of DUI twice within 10 years, a person can be sentenced to between 90 days and a year in jail, fined between $390 and $1,000, and have driving privileges suspended.
The complaint alleges Richie was under the influence of an alcoholic beverage and an unspecified drug when she was arrested Dec. 11, said prosecution spokeswoman Sandi Gibbons.
Arraignment was scheduled for Feb. 21 in suburban Glendale Superior Court. Richie, who starred in the TV reality show “The Simple Life” with Paris Hilton, does not have to appear because it is a misdemeanor case.
Telephone messages seeking comment from Richie’s publicist Nicole Perna were not immediately returned.
Richie, was arrested Dec. 11 after 911 callers reported her car headed the wrong way on a freeway in Burbank about 12:30 a.m. She was found alone in her SUV, stopped in a car-pool lane.
Richie was arrested after she failed a field sobriety test, according to the California Highway Patrol.