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Because of a prior DUI conviction in June 2003, by California law, Richie faces mandatory jail time of 90 days up to one year if convicted of a second DUI.
On Dec. 11, Richie was spotted driving the wrong way on an L.A. highway. She was found stopped in a carpool lane by police, and subsequently failed a field sobriety test. According to police, Richie admitted to officers that she had smoked marijuana and consumed the painkiller Vicodin.
She was booked in Glendale and "was cooperative," said agent John Balian of the local police force, adding that her booking sheet showed that the Simple Life star was 5'1" and 85 lbs. Her bail was posted at $15,000 and she was released at 7 a.m.
"This is a difficult time for Nicole but she is prepared to accept whatever responsibility is appropriate," her attorney Howard Weitzman told PEOPLE at the time. "She intends to continue with her career and will deal with any other issues that need to be addressed."
Richie will be arraigned in Los Angeles County Superior Court in Glendale, Calif. on February 21.
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