Bobby Brown has been charged with driving under the influence (DUI).

The New Edition singer was stopped by officers on Monday when they saw him using his cellphone behind the wheel and he failed a field sobriety test, leading to the charges being brought today, as well as an additional charge of driving with a suspended license.

According to gossip website TMZ, Bobby gave a .12 blood alcohol level when he was tested at the scene. Both offenses are misdemeanors and carry a maximum penalty of six months in jail, as well as a $1,000 fine for each charge.

Earlier today, a lawyer acting for Bobby issued a statement to say the star wasn't "driving erratically" when he was stopped by police, though she made no mention of the failed sobriety test. "Everyone is innocent until proven guilty and Mr. Brown was not driving erratically. He was speaking on his cell phone. Mr. Brown has not been convicted of anything associated with this incident. Mr. Brown is taking this matter seriously and an investigation is underway. The legal process shall run its course," said lawyer Tiffany Feder.