The actress was arrested for DUI on April 6 after leaving L.A.'s Greystone Manor Supperclub and crashing her car into a police car at around 3 a.m. She will be arraigned Wednesday morning in Beverly Hills, according to The Associated Press.
A misdemeanor complaint was filed Tuesday alleging that Bynes refused to take a test at the time of the arrest to determine if she was under the influence of any substances. Since she refused, authorities have the right to suspend her driver's license for a year, according to the AP.
If convicted, Bynes faces a maximum penalty of 48 hours in jail, three years on probation and a nine-month alcohol program since she is a first-time offender, according to People magazine.
Bynes' father claims that his daughter was not driving under the influence when she was arrested.
She was not drunk, Rick Bynes tells People magazine. I was told that she blew a zero on the Breathalyzer. She didn't have a single drink that night. My daughter doesn't drink.
He claims that the cop was at fault for pulling out in front of his daughter at the West Hollywood intersection where the DUI citation was issued. Rick said that Amanda was arrested because she was upset and very emotional.
She is a good girl. She just chooses not to work, and because of that, people go after her, he said, referring to her retirement from the acting biz.
Although both Bynes and her father say that she does not drink, TMZ compiled footage of the actress looking inebriated while out in Hollywood in April.
TMZ posted video footage in mid-April of the young actress seen drunkenly stumbling out of Hollywood clubs on two prior separate occasions just weeks before being arrested for DUI. TMZ posted the videos under the headline Amanda Bynes -- History of EXTREME Inebriation.
TMZ reported Bynes has been frequenting the Hollywood club scene as of late. On March 22, she left the Greystone Manor in West Hollywood with two friends holding her upright while escorting her to her car.
Days earlier, on March 17, video footage shows Amanda Bynes stumbling out of Greystone Manor seemingly inebriated and getting behind the wheel of her car. The TMZ photographer on the scene that night told the actress to let a sober person drive her home.
Sorry Mr. Bynes ... your daughter drinks ... and she needs help, wrote TMZ.