Charge: Nolte was on 'Date Rape' Drug

10/23/2002 AT 01:00 PM EDT

Drug charges have been filed against actor Nick Nolte by the Los Angeles County District Attorney's Office following his September DUI arrest, the TV show "Extra" reports.

Prosecutors say the two-time Oscar nominee's blood tests at the time of his arrest revealed the presence of GHB (Gamma Hydroxy Butyrate) -- a synthetic depressant commonly referred to as the "date rape" drug.

Nolte was charged Wednesday with driving under the influence and use of a controlled substance, both misdemeanors. His next court date is Oct. 28 in Malibu, but Nolte is not required to appear.

His publicist declined to comment on the charges.

The actor, 61, was arrested Sept. 11 in his black 1992 Mercedes SUV after it was allegedly seen swerving on Pacific Coast Highway in Malibu, Calif.

"Mr. Nolte at that point seemed completely out of it," California Highway Patrol spokesman Leland Tang told Reuters. "He was drooling, (with) droopy eyes. He ... looked very much like he was under the influence."

Three days after his arrest, the "Prince of Tides" star, a Malibu resident, checked into Silver Hill Hospital in Connecticut, a substance abuse and psychiatric center, his publicist, Paul Bloch, confirmed. (Silver Hill's past list of patients has included Mariah Carey, Billy Joel and Liza Minnelli.)

The actor was due to remain there for "as long as he feels is necessary," said Bloch, adding that Nolte entered the facility voluntarily.

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