Edmond Police arrested Oklahoma Secretary of State Benjamin Lepak on a municipal public intoxication charge Aug. 14 after officers found him standing at the drive-through window of a McDonald's on North Kelly Avenue around 10:45 p.m.

A 911 caller had reported Lepak to dispatchers before officers arrived, saying he had been outside the restaurant for a while and appeared drunk but was not causing a scene, according to the New York Post.

The arresting officer wrote in his report that Lepak, 42, had extremely slurred speech, smelled of alcohol and struggled to remove his identification from his wallet, according to KOSU. Lepak first told officers he had not been drinking, then said he consumed less than one beer because he did not finish it. He initially said he had driven to the restaurant, then said he had not, though his car was parked there.

Lepak told officers he had attended a church event earlier in the evening and said his children had started a new school that week. He told police he had been eating healthy and it was his night to get McDonald's.

The officer arrested Lepak roughly 10 minutes after making contact. Before leaving the scene, the officer placed Lepak's to-go bag of food in his passenger seat, then drove him to the Edmond jail, The Oklahoman reported.

Body-camera footage released Aug. 18 shows an officer telling Lepak: "You're under arrest for public intoxication, and you're lucky it's not a DUI," according to KOCO.

No breathalyzer or field sobriety test was administered. A spokesperson for Lepak said in a statement Aug. 18 that he was waiting outside the McDonald's for dinner and will address the ticket through the legal process.

The case will be adjudicated in Edmond Municipal Court, Edmond Police spokeswoman Emily Ward said. No hearing date has been announced.

Prior arrest, political fallout

This is Lepak's second alcohol-related arrest since 2021. Court records show The Village Police took him into custody that year on suspicion of being intoxicated while in control of a vehicle after an officer found him sleeping in a parked, running pickup truck with two open cans of beer in the cup holders, The Journal Record reported. A breathalyzer measured his blood alcohol at 0.11% to 0.12%, above the 0.08% legal limit. He received a one-year deferred sentence.

Oklahoma Attorney General Gentner Drummond initially called on Gov. Kevin Stitt to place Lepak on administrative leave, then escalated his demand after reviewing the body-camera footage, saying Lepak was thoroughly inebriated and very likely lied to law enforcement about how much he drank and how he arrived at the restaurant. Drummond called on Stitt to fire Lepak immediately.

Drummond, a Republican facing a gubernatorial primary runoff the week of Aug. 25, is a frequent political adversary of Stitt.

Two people familiar with the matter told The Oklahoman that Lepak does not plan to resign. Stitt appointed Lepak acting secretary of state on Oct. 2, 2025, and the State Senate confirmed him April 28, 2026. His term runs through Jan. 11, 2027. Because the secretary of state is a constitutional office, the governor cannot dismiss the officeholder.

Gov. Stitt's office had not responded to requests for comment as of Aug. 18.