Locklear was arrested this week and charged with DUI. Police said they believed she was on prescription drugs at the time of the incident and stressed they don't think alcohol was involved.

Nick Tepper, the tipster's lawyer, told ABCNews.com she is a celebrity reporter who just ran into Locklear at a Montecito market, noticed she seemed intoxicated and called 911.

Former Us Weekly reporter and editor Jill Ishkanian then sold photographs of the actress' arrest through an intermediary to the celebrity news Web site TMZ.com for $27,500, her attorney told ABCNews.com.

"There was no setup and there's no moral ambiguity," Tepper said. "If you see someone driving impaired, you call the police and that's what she did. The implication that somehow my client did something wrong is absurd and defamatory."

Locklear, who is best known for her roles on "Melrose Place" and "Spin City," was treated during the summer at a rehab for anxiety and depression.