The California Highway Patrol has turned its investigation into Nicole Richie’s December DUI arrest over to the Los Angeles District Attorney’s office to determine whether Richie should be charged in the case.

According to E! sources the D.A. reviewing N.R’s case, as opposed to the city attorney’s office, suggests that the Highway Patrol is recommending Nic face a felony count of Driving Under the Influence.

The case stems from Nicole’s December 11th arrest after being caught driving in the wrong direction. She admitted to having taken the painkiller Vicodin and smoking marijuana but was not under the influence of alcohol.

A hearing has been scheduled for Feb. 7th. Nicole Richie will resume filming upcoming episodes of The Simple Life with co-star Paris Hilton in March.