Los Angeles city attorney's have urged the judge to sentence Sutherland to 48 days in jail - 30 days for the DUI conviction, and an extra 18 days for violating his probation.
The actor will be sentenced on December 21.
The 40-year-old was arrested in the early hours of Sept. 25 in Hollywood, but was later released on a 25,000-dollar bail.
After his arrest, the '24' star released a statement apologising for the distress and disappointment he has caused to his family and friends,
"I'm very disappointed in myself for the poor judgment I exhibited recently, and I'm deeply sorry for the disappointment and distress this has caused my family, friends and co-workers on 24 and at 20th Century Fox," People magazine quoted him, as saying.
"I appreciate the support and concern that has been extended to me these last weeks both personally and professionally," he added.