Subsequently, the couple was released on bond at approximately 3:30 a.m. ET on Friday.
Both CAA, which employs Toth and represents Witherspoon, and her publicist, Meredith O'Sullivan Wasson, have declined to make any comments on the matter.
A court appearance is scheduled for Monday at 8 a.m. in Atlanta Municipal Court, although sources indicate that Witherspoon and Toth are not expected to be present. Their attorney is likely to request a postponement of the court date.
Having been married to Toth since March 2011, the couple welcomed their son, Tennessee James Toth, into the world last September.
Toth's DUI arrest occurred shortly after midnight on Friday while he was driving a silver 2013 Ford Focus. The officer observed him weaving across a double line on Atlanta's Peachtree St. Toth appeared disheveled, and his breath carried the scent of alcohol, prompting the officer to conduct a sobriety test.
"Mrs. Witherspoon began to lean out of the window, expressing doubt regarding my legitimacy as a police officer," stated the police report. "I instructed Mrs. Witherspoon to remain seated and quiet."
As the report further indicates, "Mrs. Witherspoon inquired, 'Do you know my name?' To which I responded, 'No, I don't need to know your name' and added, 'right now.' Mrs. Witherspoon remarked, 'You're about to find out who I am.'"
Mrs. Witherspoon also threatened, "You are going to be on national news," to which the officer calmly responded, "That's fine."
Although Toth claimed to have consumed only one drink hours earlier, a Breathalyzer test administered at the scene revealed a reading of .139, leading to the DUI charge. He is also facing an additional charge for failure to maintain a lane while driving.
As for Witherspoon's alleged violation of "disorderly conduct (obstruction)," it is regarded as a local municipal ordinance according to the police report.
This arrest highlights the challenging situation that agents, as well as the talent they represent, can face when they are romantically involved with each other.
Additionally, this unexpected incident might pose an unusual setback for Witherspoon's career. She has long been recognized as one of the few female actresses with a consistent record of success at the box office, dating back to her leading roles in films such as "Sweet Home Alabama" and "Legally Blonde." Moreover, she earned critical acclaim for her portrayal of June Carter Cash, for which she won an Academy Award in 2005 for the film "Walk the Line."
Her success can partly be attributed to her pristine public image maintained throughout her two-decade-long career. Despite being a subject of tabloid scrutiny regarding her personal life and parenting, Witherspoon's reputation has not been marred by any significant controversies.
It remains surprising and unclear how this incident managed to avoid the increasingly aggressive tabloid press, which rarely misses an opportunity to expose celebrity misdeeds. Nonetheless, it is crucial to shield the actress from the public eye, particularly as she strives to regain her standing in the industry following a string of underperforming films like "This Means War," "Water for Elephants," and "Rendition."
Toth and Joel Lubin were appointed co-heads of the motion picture talent division at CAA in September 2010. Toth began his journey with the agency as a trainee in 1995 and ascended to agent status in 2000.
"The Good Lie" revolves around a young Sudanese Civil War refugee who wins a lottery to relocate to the United States with three other lost boys. In the process, he forms an unlikely friendship with a spirited American woman, portrayed by Witherspoon, while struggling to adjust to his new life and grappling with guilt over the brother he left behind.
Indie drama "The Good Lie" is being produced by Black Label Media, with Philippe Falardeau ("Monsieur Lazhar") directing from Margaret Nagle's screenplay. The production boasts an impressive lineup of producers, including Molly Smith and Black Label Media partners Trent Luckinbill and Thad Luckinbill, along with Imagine's Brian Grazer, Ron Howard, and Karen Kehela Sherwood. Kim Roth from Imagine and Deepak Nayar from Reliance are serving as executive producers.
UPDATE: Witherspoon issued a late Sunday statement through her spokeswoman, admitting, "I clearly had one drink too many, and I am deeply embarrassed about the things I said. It was undoubtedly a scary situation, and I was frightened for my husband, but that is no excuse. I was disrespectful to the officer who was just doing his job. I have nothing but respect for the police, and I'm very sorry for my behavior."