Los Angeles – Mel Gibson was charged Wednesday with misdemeanor drunken driving, having an elevated blood-alcohol level and having an open container of liquor in his car.
The three counts were filed by Los Angeles County prosecutors five days after Gibson was pulled over on Malibu’s Pacific Coast Highway for speeding.
The open-container violation, for a bottle of tequila allegedly found in his car, is an infraction of the vehicle code.
The charges did not mention Gibson’s self-described “belligerent behavior” toward the deputy – to whom he made anti-Semitic comments – or any allegation of speeding.
Arraignment was set for Sept. 28 in Malibu Superior Court.
If convicted, Gibson faces up to six months in jail, the district attorney’s office said.
There was no immediate reply to an e-mail seeking comment from Gibson’s publicist.
A message seeking comment also was left for his lawyers, Blair Berk and Barry Tarlow.
“The ball is now in his court, whether he is going to ask for a trial,” said district attorney’s spokeswoman Sandi Gibbons.
She said Gibson does not have to appear for his arraignment and can have a lawyer appear for him instead.
First-time misdemeanor drunken-driving offenders usually face minimal, if any, time behind bars.
If convicted, it would be up to the judge to determine if Gibson would have to serve any time, Gibbons said.
“They might count the time he spent in custody as time served,” she said.
