The state’s chief financial officer, Preston Doerflinger, was arrested for being drunk inside an SUV in January.
He’s entered a plea of not guilty, and now his attorney is trying to cut a deal with prosecutors to avoid jail time.
When police arrested Doerflinger, he was inside the a vehicle with a woman in a parking lot on Mosteller, just off Northwest Expressway.
The SUV was running, and officers say he was intoxicated.
They arrested him for actual physical control of a motor vehicle while under the influence of alcohol, a misdemeanor charged in city court.
“People have gone to jail for DUI, actual physical control, and some people down here have had to pay the maximum fine. Now generally that's not the case, but it can happen,” Court Administrator Stacey Davis said.
But will it happen to a government official?
Right now, his attorney is trying to work out a deal with prosecutors.
He declined an interview with NewsChannel 4.
We know the night of Doerflinger’s arrest, officers said his eyes were red, and he was unsteady on his feet.
Defense Attorney Adam Banner doesn’t represent Doerflinger, but represents clients on alcohol-related charges.
“Under the Oklahoma City municipal code, APC and DUI are actually listed in the same provision, they're both Class B offenses against the city, and they both carry the same punishment range, which is up to 180 days in the city jail and a fine of up to $1,200,” Banner said.
Police said Doerflinger was drunk in the front seat with the keys in the ignition, a detail Banner says attorneys will consider.
“What exactly were they doing inside of the vehicle, where's the vehicle at? All these things are very important when you're deciding the merit of the case,” Banner said.
Governor Fallin appointed Doerflinger to Secretary of Finance in 2011.
Right now, Department of Public Safety is considering suspending his driver’s license, even if he gets probation. Or, he could walk away paying only his court fees.
He goes before a judge next week.