On Thursday, April 30, the Ventura County District Attorney’s office filed a misdemeanor charge against Britney Spears following her March 4 DUI arrest. Earlier this month, she entered a rehab facility with the encouragement of her two sons, Sean Preston and Jayden James. The official charge comes days before the “Toxic” singer is scheduled to be arraigned on Monday, May 4.
Britney Spears Can Potentially Avoid Jail Time In Her DUI Case
Following her misdemeanor charge, officials told PEOPLE magazine that the “Oops!… I Did It Again” singer will be offered what is commonly known as a “wet reckless” because she has no prior DUI history. She was also not involved in an accident and had a low blood alcohol level at the time of her arrest.
A “wet reckless” usually allows a person to plead guilty to reckless driving involving drugs and alcohol and be placed on probation for 12 months, with credit for any time spent in custody. The “Lucky” singer was arrested on the night of March 4 and released the following morning, so it is doubtful she will receive credit for time served. She will also be required to complete a DUI class and pay state-mandated fines and fees if she accepts that offer.
Britney Spears’ Sons Were A ‘Big Part’ Of Her Rehab Stay
Officials said that the resolution is “common” when an individual “demonstrates self-motivation to address underlying issues through rehabilitation or a drug and alcohol treatment program.” The “Crossroads” actress voluntarily entered a treatment facility earlier this month ahead of her arraignment.
“Her sons were a big part of getting her to rehab. They’ve been clear with her. They just want her to be healthy,” a source told the publication. “She was very upset and shaken after her arrest. And she’s terrified of going to jail. It’s taken weeks for her to realize that going to rehab is the best option.”
Britney Will Not Have To Appear In Person For Her Hearing
Although Spears will be arraigned on May 4, she will not have to appear in person since it is a misdemeanor charge. Instead, her attorney will appear in person to represent her. A legal expert had previously told PEOPLE magazine that her decision to seek help would only help bolster her case.
“[Voluntarily seeking treatment] shows the court and prosecutors that the person is taking the situation seriously before they’re ordered to do anything,” said Bobby Taghavi, a managing partner at personal injury law firm Sweet James and former prosecutor in the Orange County District Attorney’s Office who is not involved in Spears’ case.
“Judges tend to respond better to proactive accountability than last-minute ‘damage control,’” he added.
Will Britney Spears Lose Her License?
It remains to be seen whether Spears will lose her license, though Taghavi felt it was likely the Princess of Pop would not have to spend any time behind bars for the incident.
“It’s not a guaranteed shield from custody, [but] most judges view it favorably as mitigation, especially when it’s documented, consistent, and shows real commitment,” he explained. “But the court will still look at the underlying facts, and judges prefer proof of participation or completion, not just an announcement.”
He noted that typical DUI cases typically see a four-month or so suspension and explained that while jail is “technically possible,” it is “often not the centerpiece” of the case. He noted that similar outcomes usually include probation, fines, penalties, and DUI school.
Britney Spears’ Rep Called The Incident ‘Completely Inexcusable’
The day after her arrest, a spokesperson for the “Gimme More” singer called her arrest an “unfortunate incident” that was “completely inexcusable.”
“Britney is going to take the right steps and comply with the law and hopefully this can be the first step in long overdue change that needs to occur in Britney’s life. Hopefully, she can get the help and support she needs during this difficult time,” the statement read.
It went on to say, “Her boys are going to be spending time with her. Her loved ones are going to come up with an overdue needed plan to set her up for success for well being.”
Britney shares sons Sean Preston and Jayden James with her ex-husband, Kevin Federline. He previously stated through his attorney that he was “happy” to see that she was seeking help.