Los Angeles County sheriff's spokesman Steve Whitmore says 25-year-old Matthew Rutler was stopped near the Sunset Strip after he burned rubber and fishtailed onto a street Tuesday morning with Aguilera in the car.
Whitmore says Rutler's blood-alcohol content was 0.09 percent - just slightly above the legal limit. He was freed after posting $5,000 bail.
Aguilera was freed earlier. She was arrested on suspicion of being publicly drunk, but Whitmore says it was out of concern for her safety and she won't be prosecuted.
Calls to the singer's agent and her publicist were not returned. Sheriff's officials didn't know if Rutler has hired an attorney.