The arrests took place after officers pulled over the couple's car early Friday because Witherspoon's talent agent husband, Jim Toth, was allegedly driving erratically, The Wrap reported.
Witherspoon, 37, was arrested after she twice got out of the vehicle while the officers were interviewing Toth, 42.
They were both taken to jail, booked and released from police custody at 3:30 a.m. Friday, The Wrap said.
Witherspoon allegedly asked the arresting officer if he knew who she was, telling him, "You are going to be on national news."
Toth was charged with DUI and Witherspoon with disorderly conduct.
Witherspoon released a statement apologizing for her behavior, saying: "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."
There was no word on when they are due in court to answer the charges.