updated 04/22/2013 AT 3:35 PM ET
•originally published 04/22/2013 AT 4:30 PM ET
But she’s certainly not the only one feeling regretful.
Toth “feels awful that he involved Reese in the situation,” a source close to the CAA agent tells PEOPLE. “He made a bad decision and it certainly made things worse that he dragged her into it.”
Toth, 42, and Witherspoon, 37, were arrested and briefly jailed early Friday morning – he for DUI, she for disorderly conduct after verbally sparring with a police officer.
Now, says the source, Toth, “has to pay the consequences, bottom line. He gets that.”
Adds a second source: “It’s embarrassing for him. He’ll have to explain himself to his bosses.”
As for his drinking (Toth blew a .139 on his sobriety test; the legal limit in Georgia is .08), the source says that the couple will reflect on the events of last week.
“Jim has always been a big social drinker,” adds the first source. “A lot of his job is being social. He’s out to lunch or dinner almost every day of the week, schmoozing clients and taking business meetings.”
“[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 says.
But as Toth and Witherspoon consider their next steps and the effects of the arrest on their family and their careers, they may take further action. “No one would be surprised,” a third source tells PEOPLE, “if Jim goes to rehab.”
The couple’s court hearing was originally set for Monday morning but has been rescheduled for May 22.