According to the Georgia State Patrol Arrest report, she was told by the Trooper to remain in her vehicle, and she allegedly did not comply with the officer's instructions. More details of the arrest can be found in the Atlanta Journal Constitution.
Police officers are in a difficult position when they are trying to manage an potential arrest situation. It does in fact become difficult for them to maintain control and safety when passengers interfere in a DUI investigation. The Trooper may very well be in the right in this situation. That being said, people do not waive their first amendment rights during a police encounter.
As a result, we should never assume the guilt of anyone accused of a crime. I have written before that celebrities very often held to a higher level of scrutiny because of their celebrity status. Sometimes the attention can lead to unfair treatment. I have no doubt that every possible media outlet will be present at her court appearance in Atlanta Municipal Court.
Whereas, any other person charged with disorderly conduct in Georgia would likely attend court in complete anonymity. They would likely get at most a small fine and move on with their lives. Reese Witherspoon may actually be treated unfairly just because of who she is and her status as an actress.
Her Husband. James Joseph Toth is charged with DUI in Atlanta. He will need to hire an Atlanta DUI Lawyer and will likely be treated like any other person charged with DUI in Georgia. His Atlanta DUI Attorney will have only 10 days to file for an ALS Hearing, and the case will have to be resolved in 60 days, like any other person.
If the case is not resolved in 60 days, the case will be set for trial in Atlanta Municipal Court or sent to Fulton County State Court for a jury trial. This is the same treatment all Atlanta DUI Lawyers would expect. The news media will be paying so much attention to Ms. Witherspoon's case, I would expect normal treatment for her husband. Most Atlanta DUI Attorneys would expect his case to be handled in a similar manner to others arrested for a DUI in Atlanta.
As with anyone charged with any crime, Mr. Toth must be presumed innocent up and until the case is proved beyond all reasonable doubt. I would hope that people will wait to hear the evidence before they pass judgment on Mr. Toth's case. No one should ever presumed guilty of any crime.