Kiefer Sutherland not only committed a second DUI in under five years, a crime that will get him a mandatory five days in jail under California law if he’s convicted, he violated his probation. And TMZ points out that the judge for the case for which he violated probation, a 2004 DUI, is none other than Judge Michael Sauer, the guy who put Paris Hilton in jail for 45 days for driving on a suspended license.

Sutherland has a long history of driving-related arrests, and the judge could that into account.

He was also busted in 1989 and 1993 for reckless driving. Both incidents had DUI charges, which were dismissed. His 1989 arrest also including charges for carrying a concealed, loaded firearm, but that didn’t stick either.

Now he’s still on probation for that 2004 DUI, and getting another DUI three years later isn’t going to bode well for him. What seems most damning for Sutherland is the fact that Judge Sauer could be presiding. He sent Paris Hilton away and then made sure she stayed in jail and didn’t get a medical pass from the warden. It’s unclear to me whether he will still have jurisdiction over Sutherland’s case, but he’ll be sure to get a lesson if that guy is in charge of sentencing.

Sutherland is due in court on October 16.

Kiefer Sutherland is shown in a tux at the FOX Primetime Emmy After Party on 9/16, and in a brown shirt at the FOX TCA All Star Party at the Pier on 7/32/07. Thanks to PRPhotos.