Court records show that Bieber's attorney filed the written plea Wednesday in Miami-Dade County. Bieber already has an arraignment set for Feb. 14, but Florida law doesn't require the 19-year-old pop star to be present.
"A decision on that has not been made," said attorney Mark Shapiro, one of three attorneys who has represented Bieber in the case.
Bieber and R&B singer Khalil Amir Sharieff were arrested last week in Miami Beach during what police described as an illegal street drag race between a Lamborghini and a Ferrari. Neither has been charged with drag racing, which is a crime in Florida.
Police said Bieber cursed repeatedly at a police officer after the 4:09 a.m. traffic stop and acknowledged smoking marijuana, drinking and taking an unknown prescription medication. The Miami Beach police reports released Wednesday, however, show that Bieber was given four alcohol breath tests, with the first two not usable because of insufficient volume of breath.
The third test, administered at 5:37 a.m., showed an alcohol reading of .014 and a fourth, at 5:40 a.m., came up at .011. Both are under the .02 limit in Florida for a driver under the legal drinking age of 21. The limit for drivers above that age is .08.
Police also obtained a urine sample from Bieber but the results of tests have not been released. If it shows the presence of THC, the active ingredient in marijuana, or certain prescription drugs, legal experts say could still be grounds for a DUI.
The new police documents were first reported by CBS4 in Miami.
Another police document described Bieber as "excited, talkative, profanity, cooperative, insulting, and cocky" and noted that he had a pronounced odor of alcohol on his breath, bloodshot eyes and a flushed face. During DUI field tests, officers noted that Bieber could not walk heel-to-toe as instructed, had trouble turning without losing his balance and could not smoothly follow a moving object with his eyes.
Regarding the marijuana, one officer said he noticed a strong smell of the drug while Bieber was sitting in the back of a police car. The officer asked Bieber about it.
"Yeah, we were smoking all night at the studio," the report quotes Bieber as replying.
As for the prescription drugs, Bieber told police he didn't know what they were but they were for treatment of anxiety.
"Well, my mom takes care of all that stuff for me," he said, according to the report.
The alcohol breath tests for Sharieff, meanwhile, came up .00 and he was also gave a urine sample, according to police.
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