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Pennington was arrested on suspicion of DUI on May 5, 2007, at 12:35 am in Los Angeles.[5] He was released on $5,000 bail. Pennington issued an apology shortly after. It was later revealed that Pennington had a .14 blood alcohol level when he was stopped. The legal limit in California is .08.[6]

His publicist released this statement from him: “We all make mistakes, however this is about accountability. Under no circumstances should anyone consume alcohol while driving. I could have jeopardized the lives of others and I am grateful there was no accident or harm done to anyone.”[7]

“This was my wake-up call,” Pennington said. “I also want to apologize to my fans, ABC Television and my design team for my lapse in judgment and the embarrassment I have caused.” [8]

On June 25, 2007, Ty pleaded nolo contendere to the two charges, one of which was dropped. For the remaining charge he was fined $390, received 36 months probation, 90 days suspended driver's license, 90 days in an alcohol treatment program, and, for community service, was required to attend a Mothers Against Drunk Driving (MADD) seminar, all of the terms of which he has agreed to follow. A spokesperson for the Los Angeles City Attorney said that this punishment is common for first time DUI cases and that Pennington received no special treatment. He has since returned to "Extreme Makeover: Home Edition".

He and the other nine designers: Michael Moloney, Tracy Hutson-Watson, Paul DiMeo, Paige Hemmis, Preston Sharp, Ed Sanders, Eduardo Xol, Tanya McQueen, and John Littlefield have all been featured in the makeovers of the show's 2007-2008 fifth season. [9]

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Conditions of Probation
Usually, a person who is on probation must report regularly to a probation officer or court employee for monitoring of his or her behavior. As part of a probationary sentence, the judge imposes at least one condition, but often more than one, according to the Special Report. Almost all probationary sentences contain the condition that fees, fines and court costs be paid. Most sentences require alcohol treatment and almost half require employment or training. The Special Report also lists other common conditions of probation in descending order:

Mandatory drug testing
Drug treatment
Community service
Counseling
Confinement or monitoring
Driving restriction
Abstention from alcohol and drugs
Other possible conditions may include alcohol or drug education, restitution to victims or refraining from committing further crimes. Unusual conditions have included fulfilling the requirements for Boy Scout badges for citizenship and traffic safety and displaying a bumper sticker stating "CONVICTED D.U.I.-RESTRICTED LICENSE." However, similarly controversial conditions of probation have not been allowed in other jurisdictions.