Although the ‘Burlesque’ star was taken into custody in West Hollywood, Los Angeles, at 2.45am along with her boyfriend Matthew Rutler - who was arrested for driving under the influence (DUI) - she will not be prosecuted with any crime according to Sheriff’s department spokesman, Steve Whitmore.

However the 30-year-old singer – who was picked up from West Hollywood Sheriff's substation by a friend this morning after passing a sobriety test - will have a record for misdemeanor public intoxication.

Spokesman Whitmore revealed that after pulling over Matthew’s car police noticed Christina “was not capable of taking care of herself” and so was arrested and taken into custody.

He said: “She wasn’t able to take care of herself. She wasn’t belligerent, she just wasn’t capable of taking care of herself.

“If a person is incapacitated the deputy on the scene makes that decision. But because both of them were under the influence…she wasn’t able to take care of herself…so for the safety of the individual we brought her here until she could fend for herself.”

Christina’s boyfriend Matthew - who she met on the set of ‘Burlesque’ and started dating after splitting from husband Jordan Bratman last year - has been charged with DUI, and released on bail.