Update

Richie Sambora Busted for DUI; Daughter Was in the Car

UPDATED 03/26/2008 at 04:30 PM EDT Originally published 03/26/2008 at 01:00 PM EDT

Richie Sambora Busted for DUI; Daughter Was in the Car
Richie Sambora
Henny Ray Abrams/AP
Richie Sambora was arrested on a DUI charge in Laguna Beach, Calif., Tuesday night after he was pulled over with his girlfriend and 10-year-old daughter in the car.

The Bon Jovi guitarist was stopped around 10:52 p.m. after police said they spotted him weaving on the road, Laguna Beach Police Sgt. Jason Kravetz tells PEOPLE. Sambora was driving a Hummer and was with his girlfriend, daughter Ava (whose mother is ex-wife Heather Locklear) and another unidentified juvenile girl.

Sambora was given a blood alcohol test – "He smelled of alcohol," Kravetz says – and he was "quiet and cooperative and he didn't cause any problems," he added.

Sambora was later released from custody on his own recognizance at about 4 a.m. He is scheduled to appear in court for arraignment on May 7.

"At this point there's no indication of drugs," Kravetz told TMZ.com, which first reported the arrest.

A rep for Sambora had no immediate comment.

A friend who knows Sambora and Locklear tells PEOPLE the news of the musician's arrest is "shocking."

The friend, who hasn't spoken to Sambora since the incident, said the fact that his daughter, Ava, was also in the car is "almost too much to believe. He adores her and is very protective her. All I can think is that he made a stupid miscalculation."

In June 2007, Sambora entered a treatment facility. "I was just drinking too much and I needed to get my life together," he said during a Today show appearance. "I'm still in therapy and stuff like that, but it's good. I'm great. I feel fine."

Richie Sambora Busted for DUI; Daughter Was in the Car| Richie Sambora

Richie Sambora's mug shot

Laguna Beach PD

Last year was a difficult one for the musician, 48. He and actress Denise Richards broke up after dating for about a year. In April, his divorce from Locklear was finalized and that same month, his father died of lung cancer.

As for Sambora's band obligations, his next tour date with Bon Jovi was slated for Monday in Denver.

Reporting by HOWARD BREUER and ALEXIS CHIU

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