Witherspoon and Toth were arrested and jailed briefly early Friday morning, she for disorderly conduct and he for driving under the influence.
The actress publicly apologised for her behaviour and has been forced to cancel two TV appearances. Toth too feels awful with the way things went out of control, the People magazine reported.
Toth "feels awful that he involved Reese in the situation," a source close to the CAA agent told the magazine.
"He made a bad decision and it certainly made things worse that he dragged her into it."
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According to the magazine, Toth has been a social drinker.
"(The arrest is) just going to make the two of them stop and pause, and think about maybe how much Jim's drinking plays a role in their lives - if it does or not," the source said, adding that the Hollywood agent may opt for rehab following the incident.
The couple's court hearing was originally set for Monday but has been rescheduled for May 22 now.