How Britney Spears’ DUI arrest could land star back in conservatorship: expert

It will take more than one DUI arrest for Britney Spears’ conservatorship to be reinstated, according to a legal expert.

Attorney Sean R. Weissbart — the partner and co-chair of the tax, benefits, and private client practice group at Blank Rome — exclusively tells Page Six how the pop star could face legal repercussions after her arrest for driving under the influence this week.

“Although a DUI arrest could be a factor for the imposition of another conservatorship, by no means would a conviction on a DUI result in the imposition of a conservatorship,” Weissbart says.

The courts would need to demonstrate that the “Toxic” singer is “incapable of managing her personal and financial affairs” in order for another conservatorship to be put in place, the lawyer explains.

“Let’s be clear, the penalty for DUI is not the imposition of a conservatorship,” Weissbart stresses. “It could be probation, it could be a fine, it could be community service, it could potentially even be incarcerated for a sentence.

“But it’s not the imposition of a conservatorship, right? There would have to be a pattern that demonstrates that she’s truly incapable, on a long-term basis, of managing her personal affairs,” he says.

Weissbart notes that her DUI arrest is “an isolated incident.”

“If someone can prove that she is suffering from mental illness, that she can’t part with drugs or alcohol, that she’s addicted, that it’s impacting her ability to manage her personal affairs on an ongoing basis, then that would be what the court would look for to impose a conservatorship on her,” he says.

However, Weissbart believes the courts would look for the “least restrictive means possible.”

“When someone has a conservator, their freedom is completely, completely mitigated because this other individual is managing their financial and personal affairs,” he says. “An isolated DUI, although that’s awful, is not necessarily resulting in the imposition of a conservatorship.”

There is also a very small likelihood that Spears’ father, Jamie Spears, would be named her conservator again if evidence did point to the singer needing to be placed under the legal arrangements.

The New York City-based legal eagle also points to how Spears’ rep told Page Six that the Grammy-winning artist “is going to take the right steps and comply with the law” and hopefully get the help she needs.

“I believe there was a statement made by Britney’s rep that she’s looking to make everything right and get her life in order,” Weissbart says. “But if for some reason someone was going to have a conservator imposed again, I think the court will look for the most mild, least restrictive means to start if that were on the table.”

Weissbart noted how his firm led a #FreeBritney social media campaign when Britney was fighting to end her conservatorship in 2021, sharing harrowing details in court about how her father controlled her every move – allegedly forcing her to take birth control and work against her will.

“She’s given credit for really putting her life and her mental illness out there,” he says. “That clearly touched many, many people in various ways.”

Britney’s legal conservatorship was terminated in November 2021 after a judge determined that she was mentally sound enough to control her $60 million estate.

Jamie had been appointed her conservator in 2008 after Britney suffered a headline-making mental breakdown — though he was replaced by certified public accountant John Zabel in September 2021 after Britney pursued legal action to end the arrangement.

While her freedom was initially celebrated, Britney, 44, has since sparked concerns for her mental health.

From dancing with knives in social media posts to driving erratically, the songstress’s DUI arrest is the latest in a string of incidents pointing to her potential mental health struggles.

On Wednesday night, Britney was arrested for driving under the influence by the California Highway Patrol in Ventura County, Calif.

The 911 dispatch audio exclusively obtained by Page Six captured an officer describing Spears’ Black BMW sedan convertible swerving “in and out of lanes” and “speeding.” She was caught with an unknown substance in her car at the time of the arrest.

Her manager, Cade Hudson, told Page Six in a statement Thursday, “This was an unfortunate incident that is completely inexcusable. Britney is going to take the right steps and comply with the law and hopefully this can be the first step in long overdue change that needs to occur in Britney’s life.

“Hopefully, she can get the help and support she needs during this difficult time.”

A source close to Britney told Page Six that her family — including her two sons whom she shares with ex-husband Kevin Federline — has been “rallying around her.”