The 37-year-old `This Means War` star - who gave birth to her third child Tennessee in September and shares daughter Ava, 13, and son Deacon, 10, with her ex-husband Ryan Phillippe - was arrested for disorderly conduct after her husband Jim Toth, 42, was arrested on suspicion of driving under the influence (DUI) in Atlanta, Georgia.
The Oscar-winning actress, who is currently in the city shooting her new movie `The Good Lie`, allegedly got into a war of words with a police officer during her husband`s arrest, according to Variety.com.
The actress was warned twice not to get out of the couple`s Ford Focus, which was spotted driving in the wrong lane, and was arrested after she decided to get out to complain that the process was taking too long.
According to the police report: "Mrs. Witherspoon began to hang out the window and say that she did not believe that I was a real police officer. I told Mrs. Witherspoon to sit on her butt and be quiet." The officer also suggested she initially resisted as he grabbed her arms to arrest her while her husband attempted to calm her down, writing: "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 are going to be on national news.` I advised Mrs. Witherspoon that was fine."
Jim, who is an agent for Hollywood agency CAA, insisted he only had one drink and blew a .139 into a breathalyser but the legal limit is 0.08.
He also is facing a second charge for failure to maintain a lane while driving.
The couple were released on bond at approximately 3.30am on Fridaymorning. A court appearance is scheduled for tomorrow (22.04.13) at 8am in Atlanta Municipal Court, but according to sources the couple will not be present and their lawyer is planning to ask that the court date be postponed.
Reese - who married Jim in March 2011 after a year of dating - recently returned to work after enjoying a career break to care for their baby.