Two misdemeanor counts were filed against Pennington on Tuesday. He is scheduled to be arraigned June 4. If convicted, he could face a maximum sentence of six months in jail and a $1,000 fine.
Pennington, 42, was arrested shortly after 12:30 a.m. Saturday and released after posting $5,000 bail.
He apologized to fans and co-workers Monday.
"I could have jeopardized the lives of others and I am grateful there was no accident or harm done to anyone," he said.