OK State Rep. arrested for DUI but a state statute may exempt him

OKLAHOMA CITY (KFOR) - Representative Ryan Martinez, R-Edmond, was arrested for driving under the influence late Oct. 26; however, an Oklahoma Constitutional statute may indicate the lawmaker was exempt from such arrest because of the current special legislative session.

In bodycam video from the Edmond Police Department, Martinez is seen in his white Toyota 4-Runner with the engine running when officers confronted him.

The officers told Martinez they had received a call saying he showed up intoxicated to Patriarch in downtown Edmond.

Martinez admits on camera to having several drinks.

Following a field sobriety test, Martinez had the following conversation with the officers on scene:

OFFICER: "as far as i know, the regular session ended in may."
MARTINEZ: "yes sir"
OFFICER: "But you're saying right now you're in some kind of special session."
MARTINEZ: "We've been in special session the whole time sir. it never ends."
OFFICER: "Who oversees your special session?"
MARTINEZ: "The governor and the speaker of the house... Would you like me to call Kevin Stitt right now?"

Ultimately, Rep. Martinez was arrested and booked into Edmond's jail.

However, the reason he asked to call Gov. Stitt is the House desk remains open and the Senate has adjourned to the call of the Chair.

According to KFOR's Capitol Bureau Chief, Nick Camper, that means lawmakers are still in a special session.

The Oklahoma Constitution states:

Senators and Representatives shall, except for treason, felony, or breach of the peace, be privileged from arrest during the session of the Legislature, and in going to and returning from the same, and, for any speech or debate in either House, shall not be questioned in any other place.

ARTICLE 5, SECTION 22

Oklahoma Governor Kevin Stitt called for a 3rd Special Session in May, which is still ongoing.

Edmond Police are unable to tell News 4 if the DUI arrest was a felony or misdemeanor.

KFOR reached out to Martinez's office. They did not have a statement on the arrest.