Edmond, Oklahoma — Oklahoma Secretary of State Benjamin Lepak was arrested outside a McDonald’s after police responded to a report that he appeared intoxicated, with bodycam footage capturing a confusing exchange in which the state official repeatedly denied drinking before eventually acknowledging he had consumed a beer.
Lepak, 42, had reportedly been waiting outside the fast-food restaurant on Friday when a caller contacted 911.
“I just wanted to call and see if you guys can come check someone that’s out here,” the caller told dispatchers, according to the report. The caller said the man had been outside for some time and appeared drunk, although he was not causing a disturbance.
Officers soon arrived and encountered Lepak holding a brown McDonald’s takeaway bag.
Bodycam Captures Confusing Exchange
One officer immediately explained why police had approached him.
“I’m just gonna be honest, people are calling because they’re worried about you being intoxicated,” the officer said, according to bodycam footage.
Lepak denied drinking, but officers appeared concerned by his speech and behavior.
During the questioning, Lepak reportedly claimed he had only traveled a “block” and initially denied driving to the restaurant before changing his account.
He also told officers that he had been to church.
When another officer directly asked how much he had consumed, Lepak responded that he hadn’t been drinking.
“I don’t want to.. I want to eat my McDonald’s,” Lepak said before shifting into a rambling discussion about his children starting a new school.
Police Say They Could Smell Alcohol
The officers continued questioning Lepak, who repeatedly denied having more than a minimal amount to drink. At one point, an officer told him they could smell alcohol on his breath.
“Stop lying to me. I don’t like being lied to,” the officer told him.
Lepak eventually changed his account and acknowledged having a beer.
“I had a beer. I stopped to get McDonald’s,” he said.
When an officer asked whether he had consumed one beer, Lepak answered, “Yes, yes,” before also claiming he had consumed “less than that.”
Officers then repeatedly instructed him to put his McDonald’s bag on the ground. After he eventually complied, police placed him in handcuffs.
Arrested for Public Intoxication
“You’re under arrest for public intoxication,” one officer told Lepak.
The officer also told him he was “lucky it’s not for a DUI” and asked whether he understood.
“No I don’t,” Lepak responded.
When the officer asked why he did not understand, Lepak appeared confused and asked, “What have I done?”
The exchange ended with officers placing him in a patrol vehicle. One of the officers carried Lepak’s McDonald’s bag to the vehicle after the arrest.
Lepak Has Previous DUI-Related Conviction
During the encounter, officers discovered that Lepak had a previous alcohol-related driving case.
In May 2021, he was arrested and later pleaded guilty to actual physical control of a vehicle while intoxicated and transporting an open container of beer.
He received community service and probation as part of his sentence. The information surprised the officers handling the latest incident.
“No kidding,” one officer reportedly responded after learning about the previous case.
Despite the latest arrest, Lepak’s spokesperson offered a different characterization of what happened.
“Mr. Lepak was waiting outside McDonald’s for dinner,” the spokesperson told.
The spokesperson also said Lepak was not given a breathalyzer test and would address the ticket through the legal process.
Benjamin Lepak Is Not Planning to Resign
Despite the arrest, two sources told that Lepak does not currently plan to resign as Oklahoma Secretary of State.
His path to the office has also been relatively recent. Lepak was appointed Acting Secretary of State by Gov. Kevin Stitt on October 2, 2025, succeeding Josh Cockroft.
Cockroft, who previously served in the Oklahoma House of Representatives from 2010 through 2018, left the position without publicly giving a reason for his resignation.
Lepak was later retroactively appointed Secretary of State in January 2026 and formally assumed the position after receiving confirmation from the Oklahoma Senate on April 28.
His current term is scheduled to end on January 11, 2027.
For now, the arrest remains a legal matter, and Lepak’s spokesperson has indicated that he intends to handle the case through the appropriate legal process.
What do you think about the bodycam footage and the circumstances surrounding Lepak’s arrest? Should an incident like this affect an elected official’s position? Share your thoughts in the comments below.
