Joe Simpson has been charged with driving under the influence (DUI).
The showbiz patriarch - who is the father-and-manager of Jessica and Ashlee Simpson - was arrested on earlier this month in California.
The Los Angeles City Attorney has now filed two misdemeanour counts of DUI against him, which carry a maximum sentence of six months in prison.
If convicted of both counts, Joe - who blew .12 on a breathalyser test, .04 higher than the legal limit - could also face up to 36 months probation and a $US1,000 fine.
Joe's case is scheduled to go before a judge later this month.
Joe was stopped by officers on Ventura Boulevard in Sherman Oaks, Los Angeles, at around 10pm on August 4 and the police thought he was intoxicated so arrested him.
He was booked and spent the rest of the night in a cell.
He was released the following morning, and did not have to post bail.
On the day Joe was arrested for DUI, his daughter Jessica - who gave birth to daughter Maxwell Drew in May - was discussing how she now opts for water instead of alcohol at weekends.
She tweeted: "Responsibility has drastically changed my life! Saturday night drink of choice ... WATER! :)"