Three weeks ago Marion “Pooch” Hall got arrested for letting his two-year-old sit on his lap and take the wheel while he was intoxicated. Police were called after witnesses noticed a swerving car and a toddler driving, that eventually swerved off the road and crashed into a parked car. PEOPLEnow reports that the Ray Donovan actor is facing prison time and has been charged with child abuse and driving under the influence.

Marion is set to appear in court on Thursday and can be sentenced for up to six years in prison.

“Mr. Hall displayed obvious signs of alcohol intoxication and was unable to perform standardized field sobriety tests,” s spokesperson told the publication following the crash. “Mr. Hall’s 2-year-old son was riding in the car with him at the time of the collision and was determined to have been riding in the vehicle unrestrained, as required by law.”

The case is still under investigation by the Burbank police.