Paris Hilton - Hilton's Boyfriend Will Face Drug Charges In August

The former nightclub boss and Hilton were pulled over by cops on the Las Vegas Strip and booked after officers smelled marijuana coming from the vehicle.

Hilton is currently serving a year of probation after pleading guilty to misdemeanour cocaine possession and obstruction of justice, and Waits is facing a felony of being under the influence of marijuana, and misdemeanour driving under the influence and possession of marijuana.

Waits was expected to be arraigned in Las Vegas Justice Court on Thursday (17Feb11) - the same day Hilton turned 30 - but he refused to miss out on his girlfriend's birthday celebrations and was instead represented by his attorney, Richard Schonfeld.

His legal representative told the judge he's preparing to challenge the constitutionality of the felony count, but Schonfeld will have to wait to fight the charge - his client is next due in court on 22 August (11).

Waits faces up to four years in prison for the felony if convicted.