Police charged the American swimmer with filing a false report over an alleged incident during the Olympics earlier this month, when the 32-year-old said he was robbed at gunpoint with teammates after a night out.
Clemente Braune, a commissioner with the Special Tourist Police in Rio, said police have asked for a summons to be issued for Lochte, however the 12-time Olympic medalist can opt to send a lawyer and avoid answering questions himself in court. If he is found guilty, Lochte could face up to six months in prison.
Braune added the American could yet be sued by the gas station owner for the damage, both in civil and criminal court.
A crime with a maximum sentence of six months is not serious enough to be the subject of extradition, with the U.S.-Brazilian treaty for extradition covering only serious alleged crimes.
However the Brazilian authorities could make it almost impossible for Lochte to leave the U.S. by placing a red 'wanted' alert on his passport through Interpol, meaning that he would be arrested if he entered a country which has a treaty with Brazil which would allow extradition for false statement allegations.