The 43-year-old singer was out for dinner and drinks with friends at the American Hotel in Sag Harbor, leaving the venue around midnight.
Police parked nearby saw Justin swerving in his car and pulled him over, but he refused to take a breath test, insisting he had only had "one martini".
Justin was taken into custody and held overnight, charged with driving while intoxicated, as well as two traffic violations.
Just hours after he was released, a tense-looking Jessica, 42, was on the New York City set of drama series The Better Sister with Elizabeth Banks.
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