Police have cited Benjamin Lepak for intoxication before, records say

Oklahoma Secretary of State Benjamin Lepak has been cited before by Edmond Police for public intoxication, newly released court records say.

The records came to light days after the news of Lepak's Aug. 14 arrest, when police detained him outside a Edmond McDonald's drive-thru on suspicion of public intoxication. Lepak, 42, has not issued any public comment about the cases or addressed calls that he be removed from office.

Court records released Wednesday, Aug. 19, say Lepak pleaded no contest to public intoxication in December 2022 after being cited by Edmond Police in June of that year. The records do not describe what led to citation, which was handled in Edmond Municipal Court.

The Oklahoman has requested a copy of the police report in the case, but Edmond Police had not made one available by publication time.

Lepak's first alcohol-related citation in Edmond followed a May 2021 arrest by The Village police on suspicion of being in control of a vehicle while intoxicated. An officer reported finding him asleep in a running vehicle next to two open cans of beer. He received a one-year deferred sentence in that case.

More: Benjamin Lepak won't resign after arrest

Lepak has served as secretary of state since October 2025, when he was appointed to the post by Gov. Kevin Stitt. Before that, he was Stitt's general counsel.

As one of the state's top administrative officers, Lepak is tasked with maintaining official decrees issued by the governor as well as a record of legislative acts and state agency rules. The secretary also oversees initiative petitions and keeps a database of corporate filings. He also serves on the governor's Cabinet.

Lepak is paid nearly $20,000 each month, according to state payroll records. His compensation is broken down in two payments — $7,500 for "regular pay" and $12,281 for "extra duty." 

"This is how the Secretary of State categorizes compensation for an agency director and, in addition, a cabinet role. This practice reflects how prior Secretary of States have also been compensated," said Robert Stout, an attorney for the Secretary of State's office.

He has not responded to multiple messages from The Oklahoman seeking comment on his arrest.

Attorney General Gentner Drummond renewed his demand on Tuesday, Aug. 18, for Stitt to fire Lepak. Stitt, who has endorsed Drummond's opponent in the Republican primary for governor, has not publicly responded to the calls.

Drummond pointed to video footage released by Edmond Police of Lepak's most recent arrest on suspicion of public intoxication. An Edmond Police officer's body-worn camera captured the circumstances leading up to the arrest.

Police had been called to the scene just before 11 p.m. by a restaurant employee who said Lepak appeared to be intoxicated. The worker told a 9-1-1 dispatcher he didn't want Lepak to cause harm if he got behind the wheel of his pickup truck parked outside the restaurant, according to audio of the call.

Lepak's office has said he was getting dinner and was not given a breathalyzer test that would have measured his blood alcohol level. Lepak also told Stitt that he was denied a chance to perform a field sobriety test or take a breathalyzer test.

The newly released footage does not show Lepak asking for a breathalyzer test during his interaction with law enforcement before his arrest.

The video shows Lepak tell police he had one beer, but didn't finish it. He denies wobbling and slurring his words despite one officer's assessment. An officer then orders Lepak to place his McDonald's bag on the ground before arresting him, the footage shows.

As he gets into the police vehicle, Lepak tells the officer, "I work for the state."

Court records say Lepak will be arraigned in the case in September in Edmond Municipal Court.

This article originally appeared on Oklahoman: Police have cited Benjamin Lepak for intoxication before, records say