The Laguna Beach Police Department has requested two misdemeanor counts against Richie Sambora – one for driving under the influence and one for child endangerment, Jason Kravetz of the department tells sources.

Sambora was arrested on March 25 for driving under the influence in the affluent California town. Ava, his 10-year-old daughter with ex Heather Locklear, was in the car. The Bon Jovi guitarist spent the night in jail.

The request from the Laguna Beach Police Department is not final.

"All that [this] means is the police department has requested these charges against him and it was sent over to the district attorney's office," Kravetz tells Us. "It does not mean that he is officially charged, the DA has the final decision on that."

Orange County DA spokeswoman Farrah Emami tells Us, "The Laguna Beach Police Department has submitted a case to us for review and at this time we're reviewing that case to determine which charges, if any are appropriate."

Sambora, 48, is scheduled to appear in court on May 7. He entered rehab, reportedly for alcoholism, last June.