Anne Heche is currently in an extremely critical condition, but the legal jeopardy she might face remains on the table.

After days of assuring the public that Heche was in a stable condition, her representative revealed that she is actually in between life and death already.

"She has a significant pulmonary injury requiring mechanical ventilation and burns that require surgical intervention. She is in a coma and has not regained consciousness since shortly after the accident," the representative said.

Despite her current situation, a legal expert recently shared the potential legal cases she might face once she wakes up.

In an interview with PEOPLE, legal analyst Emily D. Baker first clarified that the actress would not face charges if she was having a medical emergency at the time of the incident. But if the opposite happened and there was an intention, the case would be taken differently.


"If she drove into someone's house because something was going on and there was an intention there, it's a much different circumstance. Without more known, it's hard to evaluate. But on a standard misdemeanor DUI where no one's injured, there's generally not jail time," she said.

Baker, who is also a former Los Angeles County deputy district attorney, explained that despite the eyewitnesses' claims that Heche drove recklessly, the investigation might soon reveal what led her to drive that way.

She explained that independent evidence could prove it, but civilians mostly could not determine if it was indeed reckless.

For now, Heche might face DUI and would only be charged with reckless driving if he went beyond 20 miles above the speed limit.

"It really just depends on what's reported to police and where their investigation goes, but in something like this, they are always going to consider [the driver could have been] under the influence of drugs or alcohol. They have to rule that out," she went on.

Anne Heche Underwent Substance Test

It was revealed that a warrant to draw Heche's blood was released on Friday. Per Baker, it is a standard protocol in similar cases and the authorities would collate evidence to present to the district attorney's office.

If the test found drugs or alcohol in her system, Heche's historys of driving under the influence would be highlighted again.

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For now, she believes that police may take their time since the actress remains in the hospital. The fact that she is also a public figure will reportedly affect the timeline of the probe.

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