The 26-year-old has been charged with one count of misdemeanor DUI (Driving Under Influence) and the District Attorney's officials are seeking a sentencing enhancement because she refused to take either a breathalyzer or a blood test.
If convicted, Bynes faces a maximum of six months behind bars, according to TMZ Online.
Bynes' April arrest prompted her father Rick Bynes to speak out in his daughter's defence, insisting the only thing she was guilty of was being "upset and very emotional".
"She was not drunk... She didn't have a single drink that night. My daughter doesn't drink," he said.
About a week before her arrest, she was spotted holding up traffic while making a slow three-point U-turn and week after, she smashed into a curb while texting, right before going to a West Hollywood nightclub.