The incident occurred on Aug. 28, when Payton was stopped by police after backing down an entrance ramp on the San Diego Freeway. He failed an alcohol sobriety test.
Payton is scheduled to appear in court Oct. 15. Barry Simons, Payton's attorney, said the basketball star was not under the influence at the time and believes he can prove it.
Payton was traded from Los Angeles to Boston after the 2003-04 season, but has said he might retire because he does not want to play for the Celtics.