Newly released police body camera video shows Oklahoma Secretary of State Benjamin Lepak being questioned and arrested by officers outside a McDonald's restaurant in Edmond on suspicion of public intoxication. Police responded around 10:45 p.m. to a report of a man who appeared to be drunk in public, according to an arrest affidavit obtained by Fox News Digital.
Officers found Lepak standing near the restaurant's drive-thru window with his vehicle in the parking lot. According to the affidavit, an officer said Lepak had "extremely slurred speech" and an "odor of an alcoholic beverage coming from his breath." The officer also said Lepak struggled to remove his identification from his wallet.
Body camera footage shows officers asking Lepak where he had been, how much alcohol he had consumed, and how he arrived at the McDonald's. Lepak told officers he had attended a gathering with other fathers at a church earlier in the evening. He disputed being unsteady on his feet during questioning.
Police allege Lepak was unable to maintain a "coherent train of thought" during the encounter. Lepak acknowledged drinking beer while speaking with officers. "I had a beer… that's it," Lepak said, according to the affidavit. He later said he had consumed less than one beer because he did not finish it.
A spokesperson for Lepak told Fox News Digital that he was waiting outside the restaurant for his dinner and noted that police did not administer a breathalyzer test. "Mr. Lepak will address the ticket appropriately through the legal process," the spokesperson said.
What the Left Is Saying
Oklahoma Attorney General Gentner Drummond, a Republican, called on Gov. Kevin Stitt to fire Lepak following the release of the body camera footage. "After reviewing footage from law enforcement body cameras, it is clear that Secretary of State Ben Lepak was thoroughly inebriated and very likely lied to law enforcement about how much he had to drink," Drummond said in a news release.
Drummond also referenced what he called a pattern of poor judgment. "Given the fact that Mr. Lepak had been arrested just a few years ago after being found unconscious in a running vehicle, Gov. Stitt should have known better than to elevate him to such a senior leadership position," Drummond said. He urged Stitt to fire Lepak immediately to "help our state avoid further embarrassment."
What the Right Is Saying
Lepak's spokesperson emphasized that no breathalyzer test was administered and that he plans to address the ticket through the legal process, suggesting his office believes there are facts that may complicate the public intoxication allegation. Supporters of Lepak have pointed out that he has not yet been convicted and is entitled to due process.
Some Republican allies note that Stitt appointed Lepak based on his professional credentials, including his prior service as the governor's general counsel and executive director of the State Chamber Research Foundation. They argue that questions about the arrest should be resolved through the court system rather than immediate termination.
What the Numbers Show
Lepak has served as Oklahoma secretary of state since October 2025, when Stitt appointed him to the position. He previously worked as the governor's general counsel before his appointment. The public intoxication charge remains pending and has not yet been adjudicated in court.
Oklahoma law defines public intoxication as being in a public place while under the influence of alcohol or drugs to a degree that renders the person dangerous to themselves or others. A first offense is typically a misdemeanor punishable by up to 90 days in jail and a fine of up to $500, though many cases result in lesser penalties.
This marks at least the second time Lepak has been arrested involving alcohol, according to Drummond's statement referencing an earlier incident "a few years ago" when he was found unconscious in a running vehicle.
The Bottom Line
The arrest of Oklahoma's top election official on public intoxication allegations creates a political challenge for Gov. Stitt, who appointed Lepak less than five months ago. With the state's chief elections officer facing criminal charges, calls for his removal are likely to intensify regardless of how the legal case proceeds.
Lepak is scheduled to address the citation through the legal process, meaning a court will ultimately determine whether the charge has merit. In the meantime, he remains in his position unless Stitt removes him. What happens next may depend on whether additional details emerge from the body camera footage or prior incident referenced by Drummond.