Police say they spotted the couple's car weaving in and out of lanes, so they pulled them over. As the police were questioning Toth, they say, Witherspoon began complaining about the time it was taking and was ordered back inside the car. When she got out a second time, police said, she was arrested.
"Mrs. Witherspoon began to hang out the window and say that she did not believe I was a real police officer," the officer told her, according to a police report obtained by Variety. "I told Mrs. Witherspoon to sit on her butt and be quiet."
The report continued: "Mrs. Witherspoon asked, 'Do you know my name?' I answered, 'No, I don't need to know your name.' I then added, 'Right now.' Mrs. Witherspoon stated, 'You're about to find out who I am.'… Mrs. Witherspoon also stated, 'You're going to be on national news.' I advised Mrs. Witherspoon that was fine."
Witherspoon, 37, and Toth, 42, were both taken to jail, booked and released from custody at 3:30 a.m. Friday. The couple had been down in the Georgia capital for work on the film "The Good Lie."
Update: The actress gave a statement to TheWrap late on Sunday apologizing for her behavior:
"Out of respect for the ongoing legal situation, I cannot comment on everything that is 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. It was definitely 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."
Witherspoon has been charged with disorderly conduct for getting into a verbal fight with the police officer. Toth has been charged with driving while intoxicated.
Calls to Witherspoon representatives were not immediately returned.