Tom Welling is in trouble with the law.

The actor—who played Clark Kent in the Superman origin series Smallville—was arrested for driving under the influence shortly after midnight Jan. 26, according to a police report obtained by TMZ.

Tom was taken into custody at an Arby’s parking lot in Yreka, Calif., per authorities. In their report, law enforcement said the 47-year-old’s blood alcohol level was at or above the legal limit of 0.08 percent.

E! News has reached out to Tom’s rep for comment but hasn’t heard back.

The Cheaper by the Dozen alum has not publicly addressed his run-in with police. However, on the same day of his arrest, he shared an Instagram post celebrating his wife Jessica Rose Lee Welling‘s latest milestone. 

“Happy Birthday to our Angel who makes our dreams come true and inspires us even more!” wrote Tom, who shares sons Thomson, 6, and Rocklin, 3, with the equestrian. “We love you to the moon and back!”