Toth, 42, faces a DUI charge after driving in the wrong lane while the actress, 37, was arrested for disorderly conduct, according to the Atlanta Department of Corrections.According to Variety, which first reported the news, she was handcuffed after disobeying instruction from the arresting officer to stay inside the vehicle.
The couple was released on bond at 3:30 a.m. ET Friday, and a court appearance is pending.
Witherspoon’s rep did not respond to requests for comment Sunday.
According to the police report obtained by Variety, CAA agent Toth was pulled over after weaving across a double line, and appeared disheveled and smelled of alcohol, which prompted the officer to administer a sobriety test. He blew a .139 (the legal limit in Georgia is .08).