The August: Osage County star was leaving La Choza restaurant in Santa Fe after enjoying a meal on America's Memorial Day holiday when security guards called police amid concerns for the 71 year old's welfare.

Cops arrived to find Shepard behind the wheel of his truck, attempting to drive away, but he was unable to move as he had not released the emergency brake.

Lieutenant Andrea Dobyns says, "The male was identified as Sam Shepard. The officers could smell alcohol and he appeared to have bloodshot watery eyes. The driver admitted to drinking and was intending to drive home."

Shepard failed field sobriety tests and refused a breath test, prompting officers to take him into custody for the driving while intoxicated charge, according to the Albuquerque Journal.

No bond has been set and he remained behind bars as WENN went to press.

Shepard was previously arrested for driving under the influence in 2009.