Unruly driving is a class 4 crime. CBS 2's legal analyst, Irv Miller, says that Smollett could be subject to probation of up to one and a half years in prison.
He is expected before the court of obligations tomorrow at 1:30 pm.
The detectives will be in contact with his legal team to negotiate a reasonable remission of his arrest, according to a spokesman for the Chicago Police Department.
Smollett's lawyers issued the following statement following this charge:
"Like any other citizen, Mr. Smollett benefits from the presumption of innocence, especially when there has been an investigation like this where information, both true and false, has been disclosed to the public. many times. In these circumstances, we intend to conduct a thorough investigation and put in place an aggressive defense. "
The police presented evidence before a grand jury in Cook County, police said.
The brothers' lawyer, Gloria Schmidt, spoke to the media after their testimony before the grand jury for two and a half hours.
"I think the most important thing to know for the American people is that this story has many complications," Schmidt said.
Schmidt says that the brothers do not expect to be charged with any crime "because they are not guilty of anything."
CBS 2 got an exclusive video of two men linked to the attack on "Empire" actor Jussie Smollett, buying a red hat and ski masks in a shop the night before the assault.
The video shows Ola and Abel Osundairo posing masks and a hat on the counter. Smollett claimed that two men wearing a similar hat and masks attacked him on January 29 in Streeterville, police said. Charlie De Mar from CBS 2 made several phone calls and visited several stores to get the video.
The brothers were seen entering Wednesday in the great jury room of the Leighton Criminal Court House.
RELATED: Complete coverage of Smollett's history
The Osundairos were arrested last week but released later without charge.
Sources said the two brothers had told the police that they had helped organize the attack with Smollett. They claimed to have received $ 3,500 to pour a chemical on the actor and pass him a rope around his neck while shouting racist and homophobic insults.
The two brothers told the police that Smollett was also behind the drafting of a racist letter sent to the show, according to two sources closely familiar with the investigation.
Smollett orchestrated the attack a week later with the two men, said the source.
RELATED: Chronology of events in the Jussie Smollett case
At the same time, Fox Television denied rumors that Smollett would be struck off "Empire".
"Jussie Smollett continues to be an accomplished professional on the set and, as we stated previously, he has not stepped out of the series," the company said in a statement.
Smollett hired a lawyer, a little higher, by recruiting lawyer Mark Geragos.
Brad Edwards of CBS 2 confirms that Geragos will be part of Smollett's defense team, still led by Chicago-based Chicago lawyers Todd Pugh and Victor Henderson.
The list of Geragos customers includes pop star Michael Jackson, actor Winona Ryder, as well as singers Chris Brown and Sean "Diddy" Combs.