Oklahoma Secretary of State Benjamin Lepak, 42, was arrested for public intoxication outside an Edmond McDonald’s on Friday night, with newly released police bodycam footage capturing him slurring “I want to eat my McDonald’s” as officers questioned him.
Lepak, who formally assumed office in April after being appointed by Gov. Kevin Stitt in October 2025, was found standing in the drive-thru of the North Kelly Avenue McDonald’s around 10:45 p.m. An officer noted it was apparent he had driven to the restaurant, and his speech was “extremely slurred,” according to the police report.
“I’m just gonna be honest, people are calling because they’re worried about you being intoxicated,” one officer said in the bodycam footage.
Lepak quickly denied drinking, though his words were difficult to understand. He initially claimed he had only traveled a “block” and denied driving to the restaurant before changing his story. He told officers he had been at a church gathering with other dads prior to arriving at McDonald’s.
“How much have you had to drink tonight?” A second officer asked.
“I haven’t,” a slurring Lepak said. “I don’t want to.. I want to eat my McDonald’s,” he added before rambling about his kids starting a new school.
The officer pressed further, stating he could smell alcohol on Lepak’s breath. “Stop lying to me. I don’t like being lied to,” the officer said.
Lepak continued to ramble before finally admitting, “I had a beer. I stopped to get McDonald’s.”
“You had one beer?” The officer asked.
“Yes, yes,” Lepak slowly replied, then claimed he had “less than that.”
Officers repeatedly ordered Lepak to put his bag of food on the floor, which he eventually did before being handcuffed.
“You’re under arrest for public intoxication,” the officer said. “You’re lucky it’s not for a DUI. You understand?”
“No I don’t,” Lepak responded.
“Why do you not understand?” The officer asked as he continued to handcuff him.
“What have I done?” Lepak said, seemingly unaware of his apparent intoxication.
During the arrest, officers discovered Lepak had a prior DUI bust from May 2021. He had pleaded guilty to actual physical control of a vehicle while intoxicated and transporting an open container of beer, receiving community service and probation.
“No kidding,” one officer scoffed upon learning of the prior charge.
Lepak was led to a patrol car while one officer carried his McDonald’s bag.
“Mr. Lepak was waiting outside McDonald’s for dinner,” his spokesperson told KOTV following the arrest. “He was not given a breathalyzer test. Mr. Lepak will address the ticket appropriately through the legal process.”
Lepak isn’t planning to resign, two sources told the Oklahoman.
He was appointed Acting Secretary of State by Stitt on Oct. 2, succeeding Josh Cockroft, who had served in the Oklahoma House of Representatives from 2010 to 2018. Cockroft did not give a reason for his resignation, writing on social media, “I’m excited for the next chapter to begin, which will officially be announced soon!”
Lepak was retroactively appointed Secretary of State in January 2026 but only formally took office after State Senate confirmation on April 28.
In the viral moment that sparked the police response, a concerned caller had dialed 911 to report Lepak’s behavior outside the McDonald’s. “I just wanted to call and see if you guys can come check someone that’s out here, he’s been out here for like a while now, like he’s not causing a scene or anything but he does seem drunk,” the caller told dispatchers. Officers arrived to find Lepak clutching his brown takeaway bag, struggling to get his ID from his wallet and unable to maintain a coherent train of thought, according to the police report. He later volunteered to get an Uber, which the report noted wouldn’t be necessary if he were not intoxicated.
Lepak is expected to address the public intoxication ticket through the legal process in Edmond.