The police had stopped Witherspoon and her husband, Hollywood agent Jim Toth, on suspicion that Toth was driving while intoxicated. Variety broke the story that police handcuffed Witherspoon after she became increasingly agitated and disobeyed the arresting officer's instructions to stay in the vehicle.

The actress was arrested and briefly jailed on a charge of disorderly conduct. Her husband was arrested for DUI. Variety quoted the arresting officer as saying, "Mrs. Witherspoon asked, 'Do you know my name?' I answered, 'No, I don't need to know your name.' � Mrs. Witherspoon stated, 'You're about to find out who I am.'"

Witherspoon issued the following statement through her publicist: "Out of respect for the ongoing legal situation, I cannot comment on everything that it being reported right now. But I do want to say, I clearly had one drink too many and I am deeply embarrassed about the things I said.