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According to TMZ, the NCIS star was stopped for speeding earlier this month in Hollywood and officers determined his blood alcohol content was above the legal limit.
TMZ reports Weatherly, 47, spent almost 15 hours behind bars and has been charged with two counts of DUI.
If convicted, Weatherly could face a maximum of six months in jail, though TMZ says incarceration is unlikely as it's his first offense.
Weatherly, who has played Anthony DiNozzo on the CBS series since 2003, has three children: Liam, 2, and Olivia, 3½, with wife Bojana Jankovic, and son August, 19, from his previous marriage to Amelia Heinle.
Last year, Weatherly took the summer off NCIS to work on his fitness and ended up losing 35 lbs. by exercising and giving up most carbs.
"I was really gratified when I went into wardrobe at the start of the season and could fit in a season 1 jacket," Weatherly told PEOPLE in October 2014. "Most importantly, I had more energy and more stamina. It's very hard. I go through periods of working so hard, I don't know when to exercise. And I'm surrounded by some food options that wouldn't be my first choice. But you do the best you can."
"I discovered great things about myself at this stage in life," Weatherly added. "You have to take time for yourself, whether it's reading a book or going for a walk or just spending some time talking to a cat. At a certain age, you have to take care of yourself. No one is going to do it for you."
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