MALIBU, CALIF. ? A judge on Monday postponed Nick Nolte’s arraignment on charges of driving under the influence and being under the influence of a controlled substance. A new date was set for Dec. 5 so the defense can test a blood sample.

Prosecutors said the 61-year-old actor had used the banned depressant gamma hydroxybutyrate, GHB, a so-called date-rape drug, before he was stopped on Pacific Coast Highway on Sept. 11. Police said his black Mercedes-Benz was swerving into oncoming lanes near his west Malibu home.

“He was not under the influence of a date-rape drug. That’s ridiculous,” defense attorney Mark Werksman said outside court. “Nick Nolte is not out there popping illicit or narcotic drugs.”

Werksman and deputy Dist. Atty. Loni Petersen had a brief private discussion with Superior Court Judge Lawrence Mira. Nolte wasn’t in court.

The judge said Nolte could remain free if he abides by several conditions, including random drug tests, treatment in a substance abuse program, no driving until his license suspension ends, and abstinence from alcohol and drugs.

GHB, which comes in liquid, powder or pill form, became a popular club drug because it can cause euphoria. It also can lead to loss of consciousness.

Nolte checked into a Connecticut rehabilitation center days after his arrest. If convicted on the misdemeanor charges, he could serve up to six months in jail.