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Pennington's blood-alcohol level was .14 percent – well above the state's legal limit of .08 percent, says Los Angeles City Attorney spokesman Frank Mateljan.
Pennington was arrested May 5 in the Marina Del Rey section of Los Angeles and released on $5,000 bond. He apologized to viewers and his coworkers on the show, calling the arrest a "wake-up call."
He was charged with two misdemeanors: driving under the influence, and driving with a blood-alcohol level of .08 or higher. If convicted, he faces up to six months in jail.
His arraignment was set for June 4.
JOSH & FERGIE: ROCKED BY SCANDAL
Did he cheat with a stripper?
Married less than a year, the couple denies an Atlanta woman’s claims that she and Josh had a fling
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