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Chris Klein might be headed behind bars after his DUI arrest early this morning, TMZ reports.

The American Pie actor — and Katie Holmes‘ former boyfriend — was arrested early Wednesday morning after failing a sobriety test, TMZ reports.

According to the police report obtained by TMZ, Chris was “observed weaving from the #3 lane into the #2 and #4 lane westbound US 101 at Woodman Ave” in L.A. and did not resist arrest.

The only passenger in his car was a friend’s dog.

Unfortunately, the 31-year-old actor has had some issues with drunk driving in the past.

OK! NEWS: NO SECRET WEDDING FOR CHRIS KLEIN

Chris was arrested and convicted of DUI back in 2004, according to TMZ. As a result of the past arrest, California law sates he will have to serve a minimum of four days in jail if he is convicted again.

And to add to the sticky situation, a new law will be implemented in the state this July which requires multiple DUI offenders to have an “ignition interlock system” installed in their car.

According to TMZ, the system is a breathalyzer test that’s synced up to the car, and if the driver is not sober, the car won’t start.

Both of the state laws may affect Chris depending on his court date.

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