"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.