Sutherland also failed to clear a sobriety test and was booked for the offence.
However, later he was released on a 25,000 dollars bail.
A court hearing has been set for October 16.
The '24' star is under a five-year probation for his earlier DUI arrest and if the judge finds a violation of the terms then he is likely to face 60 days or more in the slammer.
"Sutherland could get up to 60 days in jail or worse, depending on varying circumstances," People magazine quoted DUI lawyer Lawrence Taylor, as saying.
Reports also claim that that the actor has had other arrests as well in the past.
In 1989, he was arrested for DUI and possessing a loaded weapon, according to CelebTV.com.
Then, he pleaded no contest to alcohol-related reckless driving, and the other charges were dropped. Again in 1993, he was arrested for DUI, and pleaded no contest again.
He was given the option of serving 12 days in jail or performing 211 hours of community service, and opted for the service.