by Gina Serpe
Sep 7, 2006, 8:50 AM PT



Have Paris Hilton's party-hearty ways finally caught up with her? Or was the Simple Life star just in the wrong place at the wrong time?

The hotel heiress was arrested just after midnight early Thursday on a misdemeanor charge of suspicion of driving under the influence--an allegation she claims was "blown out of proportion."

The "Stars Are Blind" singer was pulled over at 12:30 a.m., shortly after leaving a Dave Navarro-hosted charity concert at the Hollywood hot spot Dragonfly, when LAPD officers noticed her Mercedes McLaren SLR driving erratically. The arresting officers apparently did not realize Hilton was driving the car until she was pulled over. Kimberly Stewart, a card-carrying member of Paris' posse, was riding shotgun.

"The officers observed that Hilton, 25, exhibited the symptoms of intoxication," Officer I. Isabella said in a statement. "A field sobriety test was conducted at the scene, and the officers determined she was driving under the influence."

According to TMZ.com, Hilton's blood-alcohol level was at 0.08, the minimum for a DUI in California. Hilton reportedly took a second Breathalyzer test once at the police station, though it's unclear if she failed that one as well.

Officer Martha Garcia, of the LAPD's media relations, added that Stewart also "appeared to be under the influence of alcohol, so the car was impounded. Hilton was released on her own recognizance, which is the normal procedure for most misdemeanor arrests.''

Hilton's ever-ready publicist, Elliot Mintz, arrived at the police station along with Paris' sister, Nicky, and her boyfriend, Entourage's Kevin Connolly, to pick up Paris. Mintz quickly spun the arrest to the assembled press corps, claiming the incident was simply a misunderstanding and that the LAPD had simply mistaken a tired socialite for a drunk one.

Mintz claimed his client was simply exhausted after having spent all day shooting a music video for the next single, "Nothing in this World," from her album, Paris. Though, it appears, not too tuckered to hit the party circuit.

"She's fine. She didn't appear in the least bit to be intoxicated," he said, adding that the positive Breathalyzer test was "probably the result of an empty stomach and working all day and being fatigued." (Thank heavens she wasn't dehydrated, too.)

Mintz acknowledged that Hilton had attended Wednesday night's Suicide Girls' five-year anniversary concert at Dragonfly, which was hosted by Navarro and benefited Head to Hollywood (a charity that gives brain-cancer patients the celeb experience), but denied that she had been drinking. He claimed the heiress had only imbibed a single margarita the entire night, and it was shortly thereafter that she was arrested.

Hilton was booked and released from the Hollywood station after being held for just an hour and a half, less than the standard three hours usually required of DUI arrestees.

Still, Mintz made it clear that there was no special treatment involved.

"She went through the same procedure that everybody else does," he said, adding that no narcotics were involved in the incident and that Hilton spent no time in the precinct's detox cell.

Lieutenant Russ Wong, the watch commander at the station, told TMZ.com that Hilton was released early because of the buildup of paparazzi clogging the streets outside the station.

Still, at least in one area she'll fare better than other celeb arrestees. Garcia said Hilton's mug shot would not be released. (An unnamed police source reassured TMZ.com that "it doesn't look like Nick Nolte."

Shortly after her release, Hilton told TMZ.com that she "regrets it occurred." She phoned in to Ryan Seacrest's L.A. radio show on Thursday and denied she was drunk driving.

"Maybe I was speeding a little bit," Hilton told Seacrest. "I was just really hungry and wanted [to go get] an In-N-Out burger.

"Everything I do is blown out of proportion."

The Los Angeles City Attorney's Office is reviewing the case to decide whether to file a DUI charge, a spokesman said. A tentative arraignment date has been set for Sept. 28, but Hilton would not have to attend in person should she be charged.

If charged and convicted, Hilton wouldn't likely face jail time. A typical sentence for a first-time offender would be three months' probation, enrollment in an alcohol education program and loss of license for 90 days.