Oklahoma Representative Facing Felony Charge Following October Arrest

A state representative is facing a felony charge following an incident in October in Edmond. 

Rep. Ryan Martinez was arrested outside of an Edmond bar on Oct. 26 and is now charged with actual physical control of a vehicle while intoxicated. 

State law said anybody convicted of a felony cannot serve in the legislature. 

News 9 spoke to legal analyst Irven Box about the specifics of the charge Martinez is facing. 

Box told News 9 it is similar to a DUI, with the same punishment, but the key difference is Martinez was parked, instead of actually driving the car.

Box also told News 9 that the charge would only be a felony if Martinez had been charged with a DUI in the past, even a misdemeanor charge.

Body camera footage from Edmond Police showed Martinez failed multiple field sobriety tests. Court documents showed Martiez told officers he had "a couple beers at the Patriarch" and later specified that he allegedly had two vodka tonics.

The officer asked him, "So two vodka tonics, that made you intoxicated?" The officer asked to which Martinez said, "Apparently, I guess so."

The officer asked, "What was your plan right now?" To which he responded, "I was gonna head to my house right across."

Martinez also told officers that a state law prohibiting police from arresting sitting legislators with the Legislature is in session, meaning he couldn't be arrested. 

"The Constitution in Oklahoma says I can't be detained on the way to go represent the people," Martinez said in the body camera footage. 

He told officers they were currently in a special session, and asked, "Would you like me to call Kevin Stitt right now?"

Officers later determined Martinez did not fall under the law at that time, and after failing field sobriety tests and denying a breathalyzer, he was arrested. 

The felony charge was updated by the Oklahoma County District Attorney on Dec. 22. 

News 9 reached out to Martinez’s office, and they said they had no comment at this time.