Former nightclub mogul and current Paris Hilton boyfriend Cy Waits will face three criminal charges stemming from the couple's high-profile drug arrest on the Strip.
It has been nearly five months since Las Vegas police stopped Waits' Cadillac Escalade on Las Vegas Boulevard and arrested both Waits for driving under the influence of marijuana and his celebrity socialite girlfriend for cocaine possession.
Since then, Waits has lost his job running nightclubs for Steve Wynn and Hilton has pleaded guilty to two misdemeanors and has been sentenced to a year of strict probation.
Prosecutors are expected to file a criminal complaint today charging Waits with three counts: felony under the influence of a controlled substance-marijuana and two misdemeanors, driving under the influence of a controlled substance-marijuana and possession of a controlled substance-marijuana relating to the August traffic stop.
If convicted, Waits could get jail time in addition to mandatory probation.
Prosecutors waited for laboratory results that showed Waits was high on marijuana at the time of the arrest before they could move forward with their case.
After the Escalade was pulled over about 11:30 p.m. Aug. 27 in front of the Wynn Las Vegas, Waits failed several impairment tests, including swaying while balancing, using his arms to balance and not being able to stand on one leg without putting his foot down, according to his arrest report.
Waits had bloodshot eyes, his breath smelled of alcohol, and he was wobbling, the report states. He was polite, cooperative and submitted to a blood test, it states.
Arresting officer Michael Polion wrote, "I could smell marijuana coming out of the vehicle, pulled up to passenger side and driver stated he just got done smoking."
The report states police searched Waits' SUV and found "a 'roach' -- white piece of rolled paper w/ green leafy sub inside. It was wet + unable to be tested."
Police found Zig-Zag-brand rolling papers in Hilton's possession, the report states. She was arrested after a small bindle of cocaine fell out of her purse and into the hand of a police lieutenant who was escorting her while other officers dealt with Waits.
After his arrest, Waits spent the night in jail before being released on $2,000 bail.
Waits' attorney, Richard Schonfeld, has questioned why the vehicle was pulled over because the officer didn't observe any traffic infraction or other indication that Waits was impaired.
Days after their arrest, Waits lost his job as managing partner of the nightclubs Tryst and XS and Wynn banned Hilton from his Las Vegas properties.
In September, Hilton pleaded guilty to misdemeanor drug possession and misdemeanor obstructing an officer. As part of the plea deal, if she is arrested during her year of probation, she will have to serve a year at the Clark County Detention Center.
Contact reporter Francis McCabe at firstname.lastname@example.org or 702-380-1039.