A state lawmaker, originally charged with felony DUI, will instead face a misdemeanor charge. 

Back in August 2019, State Representative Dean Davis, of Broken Arrow, was arrested in Broken Arrow on suspicion of drunk driving It’s his second DUI arrest. But the charge was dropped from a felony to a misdemeanor.

When Representative Davis was arrested August 2, he called other legislators from jail, apparently threatening the Broken Arrow Police Department.

“This is not going to help Broken Arrow at all. They just made an enemy. And that’s not good at all,” Davis could be heard saying in a jail recording.

At the time, Davis was charged with Felony DUI because of a 2010 arrest. But according to court documents, Davis reportedly received a deferred sentence for that arrest because he completed probation. No DUI conviction appears on his record, and that record has since been sealed.

Davis’ attorney said that means his client can only be charged with a first offense, not a second.

“No, he does not have any prior convictions,” said Davis’ attorney, Bruce Edge. “I’m just going by the facts. He, he is facing a charge which we intend to defend him on a current case. There is no prior convictions, although the state alleges and filed the case improperly, there was no conviction any time in the past.”

In fact, Davis’ attorney said his client wasn’t drunk at all.

“I think there will be evidence available to show that he was not intoxicated,” said Edge.

News 9 asked, “What evidence?”

“I’d prefer to try my case at the court. I understand what you’re looking for, but I’d rather not get into that at that point, but rather than just saying it, I think there will be actual evidence that he was not intoxicated,” said Edge.

As for whether Davis plans to step down, “There’d be absolutely no reason for him to,” Edge said. “If he’s been falsely charged with something that he did not do, he should be given the benefit of the doubt, presumption of innocence which is what we as Americans supposedly value the presumption of innocence. He’s entitled to that same presumption.”

House Speaker Charles McCall released a statement saying, “I was with Representative Davis just yesterday in his district where he is doing his job for his constituents. House members are accountable to their constituents for their performance, and this legal matter is still pending.”