Police have recommended to prosecutors that they charge Richie Sambora with a DUI and child endangerment stemming from his arrest in March. The Bon Jovi guitarist was pulled over after cops spotted his Hummer driving erratically in Laguna Beach. Sambora’s girlfriend Jenn Mallini was in the car along with his daughter, Ava, 10 and her teenage cousin. He may serve jail time.

Police have recommended to prosecutors that Richie Sambora be charged with DUI and child endangerment – both as misdemeanors – stemming from his March 25 arrest, says a source close to the case. Last week, Laguna Beach Police handed over the case to the Orange County Calif. District Attorney’s Office, which has not announced any formal charges yet.

“Because the case is under review, I can’t discuss the details,” DA spokeswoman Farrah Emami told PEOPLE. “Ultimately, we have to base our decision on the available evidence.” If Sambora is formally charged with both misdemeanors, a jail sentence is likely, legal experts say. “Assuming Sambora was driving with over a .08 blood-alcohol level with a passenger under 14 in the car, he’s looking at probable jail time,” says veteran DUI lawyer Lawrence Taylor, who’s not involved with the case. “But it’s possible this can be plea bargained to a lesser offense, and/or he could get rehab in lieu of jail.”

[From People]

People notes that Sambora’s had a pretty hard last few years – not that it in any way excuses his behavior. He divorced Heather Locklear – Ava’s mom – his father died of lung cancer, he went into rehab – which clearly wasn’t successful – and supposedly Locklear has been suicidal recently (depending on who you believe), which has further concerned Sambora. I’m surprised he hasn’t gotten his butt back in rehab, if for no other reason than to help his public image. Bon Jovi performed in Las Vegas this weekend, where Sambora was on his best behavior and only drank water. Hopefully he’s working hard on his sobriety right now.

Here’s Richie Sambora and Jon Bon Jovi speaking during the 2008 ASCAP “I Create Music” Expo at the Renaissance Hotel in Hollywood, CA on April 10, 2008. Images thanks to Splash.