INDIANAPOLIS -- Marion County Prosecutor Carl Brizzi said Monday that he needs more time to consider what charges to file against a former state representative and one-time candidate for lieutenant governor who allegedly claimed immunity after police tried to arrest him early Friday morning.

Indianapolis police found Dennie Oxley II, 38, at a downtown gas station early Friday morning with Kristin Dowlut, 21, an Indiana House intern who was so heavily intoxicated that she was unconscious and face-down in the parking lot.

Prosecutors are trying to determine if Oxley misrepresented his authority to avoid arrest on public intoxication charges, but he has refused to comment, 6News' Jack Rinehart reported.

Oxley's father, also Dennie Oxley, now holds the House seat that his son left to run an unsuccessful campaign alongside Democratic gubernatorial candidate Jill Long Thompson against Gov. Mitch Daniels, who easily won reelection in 2008.

Oxley Sr. on Monday declined to comment about the situation facing his son as lawmakers in the House and Senate faced a midnight Tuesday deadline to pass a state budget.

Police said Oxley II had plenty to say when officers confronted him in the parking lot Friday morning. Sgt. Matt Mount said the former representative was heavily intoxicated as he claimed to be doing the public's business to avoid arrest.

"The officer tries to lock him up for public intox, the guy says, 'You can't lock me up. I'm Dennie Oxley, the Legislature, we're in session, I have immunity,"' Mount said.

A witness who called 911 because she was concerned for the safety of Dowlut said she later found out through news reports who the man involved in the incident was.

"He was very concerned and then became aware of the police presence and started running away," said the woman, who didn't want to be identified. "I think he should be quite embarrassed for himself. If you misrepresent yourself to police or to the public, I think it's disgraceful."

Dowlut is also the niece of Rep. David Neizgodski, a Democrat from South Bend, who said Monday he has avoided calling Oxley about the incident.

"She's hurting right now," Neizgodski said. "That's a story that, he's the one that has to tell that part. Unfortunately, this is a pretty big deal, and I have nothing to say about Dennie Oxley."

Oxley II is scheduled to appear in court Wednesday in a drunken driving case from southern Indiana earlier this year.

It isn't yet clear what, if any, impact the two cases will have on one another. Brizzi has assigned three investigators from the grand jury to the latest case involving Oxley.