Laguna Beach police are recommending that Sambora be charged with child endangerment after he was pulled over for drunken driving on March 25 with daughter Ava in the car.
"We did ask for a misdemeanor child endangerment charge to be filed against him," Sgt. Jason Kravitz exclusively tells E! News. "We also recommended they charge him with misdemeanor DUI."
Kravitz says it is up to the Orange County District Attorney's Office to make the ultimate decision on what charges Sambora will face.
The Bon Jovi guitarist was arrested last month after Laguna Beach police noticed his car was weaving in traffic. Ava, Sambora's 10-year-old daughter with ex-wife Heather Locklear, was in the car along with another unidentified juvenile girl. A woman, believed to be the rocker's girlfriend, was also along for the ride.
Orange County District Attorney spokeswoman Farrah Emani says prosecutors have not made a decision yet on Sambora's charges.
"We are reviewing the evidence," Emani tells E! News. "We have up until his next scheduled court hearing to file charges."
According to criminal defense attorney Anthony Salerno, who is not involved in the case, the results of Sambora's blood-alcohol level could dictate even more serious charges. Authorities have not released that information.
"He could even be facing felony child-endangerment charges depending on how high his blood alcohol level was," says Salerno, who recently represented Mischa Barton in her own DUI case. If convicted, Sambora would be required to complete a child abuser's treatment program and be ordered to abstain from drugs and alcohol for four years, according to Salerno.
"Otherwise they will whack him," says Salerno.
Salerno adds that in his 15 years of practice he rarely comes across a DUI case with a child in the car.
"Surprisingly, these cases are not common," the attorney says.
Sambora is already back on tour with Bon Jovi, performing tonight in Dallas. He is scheduled to appear in court for his arraignment May 7.
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