Arizona Representative David Cook told an officer he was making a "mistake" during a DUI stop on Wednesday night, after handing over his House ID card instead of his driver's license.
Cook, a Republican from Globe who was reelected to a two-year term in November, was arrested and cited for extreme DUI.
"You're making a mistake," Cook told an Arizona Department of Public Safety trooper, a DPS report states. Cook later told an officer, "you'll get yours," the report states.
Cook was pulled over while driving his white Ford pickup truck eastbound on State Route 202 near McDowell Road around 11:30 p.m., after an officer observed him drifting out of his lane and into the shoulder.
"Upon contacting the vehicle on the passenger side, I immediately detected the strong odor of an alcoholic beverage emanating from the vehicle," DPS trooper Christian Williams said in the incident report.
When asked for his driver's license and registration, Cook handed the officer his registration, insurance, and Arizona House of Representatives identification card. When the officer asked for his driver's license a second time, Cook gave it to him.
Williams asked Cook to step out of the vehicle, and Cook reportedly refused, explaining to the officer that the reason for his driving was only because he had dropped his phone.
"Do you know what you're doing son?" Cook reportedly said. "You're making a mistake."
"What do you want me to do?" Cook added, before he finally stepped out of the vehicle, the report says.
The trooper attempted to get Cook to perform field sobriety tests, which did not go well.
Cook ignored instructions during a horizontal gaze test. After the trooper moved on to a walk-and-turn test, Cook did not follow the instructions again, placing his left foot ahead of his right foot, the opposite of what the officer had told him.
"I attempted to correct Cook again on his position, at which point Cook came out of the position completely, became argumentative, and began to raise his voice," Williams noted.
Another trooper who had arrived on the scene at this point was able to calm Cook down and get him to perform the tests, which Cook reportedly failed.
He was placed under arrest for driving under the influence. A breathalyzer test showed Cook's blood alcohol percent at 0.158 at 1:48 a.m. A second test a few minutes later showed a result of 0.152, nearly twice the legal limit.
Cook was later cited for extreme DUI, which necessitates a blood alcohol content of 0.15 to 0.19.
According to the report, as Cook was exiting the patrol vehicle at the Knutson station, the arresting officer told him to watch his head. Cook replied, "I'm fine, don't worry, you'll get yours."
Cook was served with an order suspending his driving privileges and was given a temporary driving permit. His wife Diana retrieved him around 3:15 a.m.
Cook, a cattle rancher and former corrections officer, represents Legislative District Eight, which covers much of Pinal County. He was first elected in 2016.
"I’m disappointed and saddened by Representative Cook for failing to meet the standard expected of all Arizonans, much less an elected official," Bowers said. "When I’ve had an opportunity to learn all the facts and speak with Representative Cook and my colleagues about it, I will announce action the House will take against Representative Cook.”
Cook's arrest and his apparent warnings to the arresting officer are similar to another recent example of an Arizona lawmaker running afoul of the law while on the road.
In March, Representative Paul Mosley was pulled over in La Paz County for going 97 mph on a 55-mph road. In a video of the incident, Mosley bragged to the deputy that he regularly drives at speeds around 120 mph, and was let go with a warning after he cited the legislative immunity of lawmakers. The Cochise County Attorney's Office later charged Mosley with excessive speeding.
The controversy prompted Arizona Governor Doug Ducey to sign an executive order in July limiting elected officials' ability to claim legislative immunity and making clear that state law enforcement officials can arrest them for criminal violations such as speeding and driving under the influence.
Update, 6:23 p.m.: Cook wrote an apologetic post on Facebook, 3TV/CBS5 journalist Dennis Welch reported, in which the lawmaker claimed he did not use his legislative status to get special treatment.
"The DPS officers who handled the matter behaved professionally and did their job well," Cook wrote. "I didn't request or receive any sort of special treatment as a result of holding office, as it should be. I'll be facing a judge and very real consequences which I'll keep you all updated on as they occur."
He warned his Facebook friends not to drink and drive and wrote that "the good Lord" was looking out for him.
Cook wrote, "No lunch, no dinner, and some drinks with friends sounds harmless enough, but get behind the wheel and try to drive home and you're taking a chance you just shouldn't take. I'm lucky, because I got pulled over and got a DUI, but there was no accident, no one got hurt, etc."
Below is the incident report from the Arizona Department of Public Safety detailing Rep. David Cook's arrest.