Oklahoma's secretary of state was arrested on suspicion of public intoxication after police say he was found standing outside an Edmond McDonald's drive-thru window.

A police report says Benjamin Lepak was taken into custody by Edmond Police after officers found him at the fast food restaurant's order window about 10:45 p.m. Friday, Aug. 14.

The Edmond police officer wrote in his report that Lepak was slurring his words and that he smelled of alcohol. Lepak struggled to retrieve his ID from his wallet, the report said.

Lepak told the officer he had been at church earlier in the evening and said he had not been drinking, according to the report. When asked further about his activities that night, Lepak said his kids "went to a new school tonight, this week" and said he wanted McDonald's after eating healthy all week.

The officer wrote that Lepak was unable to maintain a coherent conversation. According to the police report, Lepak said he "got McDonald's, cause this is my night to have McDonald's."

Jordan M/. Wells rehearses with cast members for the Lyric Theatre of Oklahoma's production of "Beehive" in Oklahoma City, Wednesday, Jan. 28, 2026. (BRYAN TERRY/THE OKLAHOMAN)
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Pickled Haddock with a sauce gribiche is prepared at Sedalia's in Oklahoma City, on Thursday, Oct. 23, 2025. (NATHAN J. FISH/THE OKLAHOMAN)
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Oklahoma Gov. Kevin Stitt gives the State of the State address to a joint session of the legislature at the Oklahoma Capitol in Oklahoma City, on Monday, Feb. 2, 2026. (NATHAN J. FISH/THE OKLAHOMAN)
Oklahoma Gov. Kevin Stitt gives the State of the State address to a joint session of the legislature at the Oklahoma Capitol in Oklahoma City, on Monday, Feb. 2, 2026. (NATHAN J. FISH/THE OKLAHOMAN)
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Residents fill the meeting chambers during an Oklahoma City City Council meeting, where committee members plan to address the proposed ICE facility on Tuesday, Jan. 27, 2025 at the City Council Chamber in Oklahoma City. (NATHAN J. FISH/THE OKLAHOMAN)
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Jim Ingram, founder of Lit'l Links Golf Club, talks about flooding issues at the special meeting of the Broken Arrow City Council in the auditorium of the Northeastern State University campus, Monday, Jan. 12, 2026. (DOUG HOKE/THE OKLAHOMAN)
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Carl Loeffelholz holds an American Flag as demonstrators gather in an anti-ICE protest at Scissortail Park in Oklahoma City on Sunday, Jan. 11, 2026, following the death of Renee Good, a U.S. citizen who was fatally shot by an ICE agent in Minneapolis, on Sunday, Jan. 11, 2026. (NATHAN J. FISH/THE OKLAHOMAN)
Carl Loeffelholz holds an American Flag as demonstrators gather in an anti-ICE protest at Scissortail Park in Oklahoma City on Sunday, Jan. 11, 2026, following the death of Renee Good, a U.S. citizen who was fatally shot by an ICE agent in Minneapolis, on Sunday, Jan. 11, 2026. (NATHAN J. FISH/THE OKLAHOMAN)
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Teagan Malone, left, comforts Amy Goodman during a vigil in honor of Renee Nicole Good, a woman who was fatally shot by an ICE officer in Minneapolis on Wednesday, on Jan 8, at Scissortail Park in Oklahoma City. (NATHAN J. FISH/THE OKLAHOMAN)
Ron Musgrave surveys the damage after the roof was sheared off exposing the interior in a building along Van Buren St. near the stadium in Purcell, Oklahoma after early morning storms swept through the area, Thursday, Jan. 8, 2026. (DOUG HOKE/THE OKLAHOMAN)
Ron Musgrave surveys the damage after the roof was sheared off exposing the interior in a building along Van Buren St. near the stadium in Purcell, Oklahoma after early morning storms swept through the area, Thursday, Jan. 8, 2026. (DOUG HOKE/THE OKLAHOMAN)
Rev. John Malget is pictured with a cardboard cutout of Star Trek’s Jean-Luc Picard at the First Christian Church of Oklahoma City in Oklahoma City on Tuesday, Jan. 6, 2026. (NATHAN J. FISH/THE OKLAHOMAN)
Rev. John Malget is pictured with a cardboard cutout of Star Trek’s Jean-Luc Picard at the First Christian Church of Oklahoma City in Oklahoma City on Tuesday, Jan. 6, 2026. (NATHAN J. FISH/THE OKLAHOMAN)
A horse follows the owner as they clean up debris in Purcell, Oklahoma after early morning storms swept through the area, Thursday, Jan. 8, 2026. (DOUG HOKE/THE OKLAHOMAN)
A horse follows the owner as they clean up debris in Purcell, Oklahoma after early morning storms swept through the area, Thursday, Jan. 8, 2026. (DOUG HOKE/THE OKLAHOMAN)
Marilee Peryam writes in chalk at a vigil at Scissortail park in Oklahoma City on Thursday, Jan. 8, 2026 for Renee Good, the mother shot and killed by ICE agents in Minnesota on Jan 7, 2026. (NATHAN J. FISH/THE OKLAHOMAN)
Marilee Peryam writes in chalk at a vigil at Scissortail park in Oklahoma City on Thursday, Jan. 8, 2026 for Renee Good, the mother shot and killed by ICE agents in Minnesota on Jan 7, 2026. (NATHAN J. FISH/THE OKLAHOMAN)
Minco softball players cheer as they are introduced to be honored during a basketball game in Minco, Okla.,Tuesday, Jan. 6, 2026. In September, a bus carrying the softball team was involved in a rollover crash in causing several injuries. (BRYAN TERRY/THE OKLAHOMAN)
Minco softball players cheer as they are introduced to be honored during a basketball game in Minco, Okla.,Tuesday, Jan. 6, 2026. In September, a bus carrying the softball team was involved in a rollover crash in causing several injuries. (BRYAN TERRY/THE OKLAHOMAN)

Lepak later said he drank a beer, but then amended his statement to say that he didn't finish it, according to the police report.

Lepak said he had not driven to the location, though his car was parked at the McDonald's. The officer arrested Lepak and drove him to the Edmond jail. Before leaving the scene, the officer placed the to-go bag of food in Lepak's passenger seat.

Lepak did not immediately respond to a message left on his phone for comment on the arrest.

An unsigned statement provided by the secretary of state's office said Lepak was waiting outside McDonald's for dinner and was not given a breathalyzer test. The spokesperson said Lepak will address the ticket through the legal process.

The case will be adjudicated in the Edmond Municipal Court, Edmond Police spokeswoman Emily Ward said.

Lepak was named state secretary in October 2025 by Gov. Kevin Stitt. At the time, he served as general counsel to Stitt.

Before he was tapped to serve as Stitt's top attorney in 2024, Lepak served on the Statewide Charter School Board. He is also the former executive director of the State Chamber Research Foundation. Lepak is the son of Republican state Rep. Mark Lepak of Claremore.

Court records say Lepak was taken into custody by The Village Police in 2021 on suspicion of being intoxicated while in control of a vehicle. An affidavit filed by a police officer said Lepak was sleeping in a parked pickup truck that was left running.

When the officer awoke Lepak and asked him if he had been drinking, he said he hadn't. The officer said two open 12-ounce cans of beer were in the cup holders, including one that was empty. A breathalyzer test measured Lepak's blood alcohol at 0.11% to 0.12%, over the legal limit of 0.8%.

Court records say he received a one-year deferred sentence in that case.

This article originally appeared on Oklahoman: Oklahoma official arrested on suspicion of being drunk outside McDonald's