Oklahoma Secretary of State Benjamin Lepak was arrested on suspicion of public intoxication after police encountered him outside a McDonald’s in Edmond, according to authorities and newly released body-camera footage.
Police responded to the restaurant at approximately 10:45 p.m. on Aug. 14 after a caller reported that a man who appeared intoxicated had been lingering near the building. Officers found Lepak standing near the drive-thru window with a bag of food.
An arrest affidavit said officers detected the smell of alcohol on Lepak’s breath and observed that his speech was severely slurred. Police also claimed he had difficulty removing his identification from his wallet and struggled to maintain a coherent line of thought.
A vehicle belonging to Lepak was parked at the restaurant. During questioning, he reportedly offered conflicting accounts of how both he and the vehicle arrived there.
Body-camera footage shows Lepak telling officers that he had attended a gathering with other fathers at a church earlier that evening. When asked how much alcohol he consumed, he initially denied drinking before acknowledging that he had a beer. He later revised that statement, saying he had consumed less than one full beer because he did not finish it.
Officers eventually placed Lepak under arrest for alleged public intoxication. One officer told him he was fortunate he was not being arrested on suspicion of driving under the influence.
Police did not administer a breathalyzer test, according to a spokesperson for Lepak. His representative said Lepak was outside the restaurant waiting for his dinner and would respond to the citation through the normal legal process.
The arrest does not establish guilt, and the public intoxication allegation must still be resolved in court.
The release of the police footage prompted Oklahoma Attorney General Gentner Drummond to demand Lepak’s removal from office.
Drummond said the recording appeared to show that Lepak was heavily intoxicated and had not been truthful with officers about either his alcohol consumption or his transportation to the restaurant. The attorney general described the alleged conduct as inappropriate for one of Oklahoma’s highest-ranking officials and urged Republican Gov. Kevin Stitt to dismiss him immediately.
Drummond also questioned Stitt’s decision to appoint Lepak, pointing to an earlier alcohol-related legal incident.
In 2021, Lepak pleaded guilty after authorities found him unconscious inside a running vehicle. The case involved actual physical control of a vehicle while intoxicated and transporting an open container of beer. He received probation and was ordered to complete community service.
Stitt appointed Lepak acting secretary of state in October 2025 following the departure of Josh Cockroft. Lepak later received a full appointment and was formally confirmed by the Oklahoma Senate in April 2026.
In addition to serving as secretary of state, Lepak has worked as the governor’s general counsel. His current term is scheduled to conclude in January 2027.
Reports indicate that Lepak does not intend to resign voluntarily. As of the body-camera footage’s release, Stitt had not announced that he would remove the secretary from office.
The dispute now extends beyond the relatively minor criminal allegation. For Drummond, the issue concerns whether Lepak’s reported behavior—and his explanations to police—meet the standards expected of a senior public official. Lepak, meanwhile, has signaled that he will address the matter in court rather than step down under political pressure.
