Nicole Richie was charged with misdemeanor driving under the influence by the Los Angeles district attorney on Friday.

As the result of a prior DUI conviction in June 2003, by California law, Nicole faces mandatory jail time of 90 days up to one year if convicted of a second DUI.

On Dec. 11, N.R 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.

Nicole admitted to officers that she had smoked marijuana and consumed the painkiller Vicodin before getting behind the wheel.

“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.”