"I was out participating as Carroll Fisher at an event, I was not representing the state of Oklahoma," Fisher said. "After all, I have my private life just like anyone else."
Fisher's conduct in office has also been questioned.
He has been reprimanded by the state Ethics Commission for obtaining private information about a political opponent and has been publicly criticized for taking gifts from companies his office regulates. He was arrested 15 years ago on another complaint of driving under the influence.
Fisher was arrested early Sunday on his way home from a fund-raising auction in Edmond after a driver called police to report a car being driven erratically and going off the road.
An Oklahoma City police officer stopped Fisher in northern Oklahoma City at about 12:30 a.m., said police Lt. Daimon Alexander.
Fisher agreed to take a breath test and registered over the legal limit with a blood alcohol level of 0.08.
Police said Fisher also had an open container of beer in the car.
The officer arrested Fisher, 63, on misdemeanor complaints of driving under the influence and transporting an open container and took him to the Oklahoma County jail, where he posted bond on a $760 fine and was released at about 6:03 a.m., a jailer said.
Fisher said he doesn't think the arrest will affect public opinion about him or his job.
"I think it kind of humanizes me," he said. "It shows I'm the same as everyone else."
He said he plans to limit his drinking or let someone else drive in the future.
In 1988, Fisher was arrested in Tulsa County on a complaint of driving under the influence. He said he doesn't remember how that case was resolved and the Tulsa County clerk's office did not have records on the case.
The Oklahoma Ethics Commission investigated Fisher's acceptance of $33,421 in furniture, artwork and kitchen equipment from companies his agency regulates. Gov. Brad Henry said these were not acceptable as gifts to the state.
In March, the investigation was turned over to the attorney general's office, which is continuing the probe, said Charlie Price, a spokesman for the attorney general.
The governor made no comment Monday about Fisher.
Earlier this year, Fisher was reprimanded by the Ethics Commission for violating rules by obtaining confidential employment applications and documents of his opponent Doug Barry.
He was also publicly criticized following reports he sent endorsement letters on state stationery urging insurance companies to contract with a Tulsa hospital that employs a dozen doctors who contributed to his campaign.
He also was investigated after distributing stickers to medical professionals to use on their insurance claim forms. The stickers read "I'm a Friend of ... Carroll FISHER." Fisher halted distribution of the stickers.
Asked about the controversy and attention that has surrounded him, Fisher said, "That's part of being in the public eye."