Bobby Brown, the ex-husband of the late Whitney Houston, was arrested yesterday afternoon in LA County on suspicion of DUI. Both Brown and Houston had a long, well documented, battle with drugs and alcohol, and it appears as though the former member of New Edition hasn’t beaten his demons.

Like most DUI arrests, Brown was stopped for a minor traffic violation, which led to a DUI investigation. Brown was talking on his cell phone, which is illegal in California, which eventually led officers to investigate him for DUI. Brown allegedly failed a field sobriety test and according to reports, blew a .12%.

As LA County DUI attorneys, we always advise people to never submit to a field sobriety test. It is perfectly legal to refuse, and the results can only be used against you as evidence by prosecutors later. The only test that you have to submit to is a breath or blood test at the police station. By law, you do not have to submit to any tests in the field, though failure to submit to test will almost certainly result in you getting arrested on suspicion of DUI.

For Brown, this is his second DUI. His first came in 1996. Because his first DUI occurred more than 10 years ago, it is highly unlikely that prosecutors will pursue heavier punishments. However, if a second DUI conviction occurs within 10 year of the first conviction, an individual faces anywhere from 90 days to 1 year in county jail and up to a $1,000 fine.

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