Blood-alcohol
test results allowed
at Arakawa trial

The test implies Clyde Arakawa's
level was double the legal limit

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By Debra Barayuga
dbarayuga@starbulletin.com

The results of an Intoxilyzer test that suggest retired police officer Clyde Arakawa had a blood-alcohol level of double the legal limit when he collided with the car of Dana Ambrose will be admissible at trial.

Judge Karen Ahn denied Arakawa's motion to suppress the Intoxilyzer results yesterday.

Arakawa will stand trial in January 2002 on a charge of manslaughter for recklessly causing 19-year-old Ambrose's death Oct. 7 at Pali Highway and Iolani Avenue.

Michael Ostendorp, Arakawa's attorney, had argued Thursday that the Intoxilyzer test constituted a search and was administered without a warrant. Ostendorp also contended Arakawa was led to believe the results would not be used against him and that police failed to follow proper procedures in obtaining a blood-alcohol sample.

Ostendorp could not be reached for comment yesterday.

City Prosecutor Peter Carlisle had argued that Arakawa did not have to give consent because state law prohibits drivers involved in collisions that cause injury or death from refusing to be tested.

A forensic toxicologist hired by the state concluded that based on the 0.06 Arakawa blew more than seven hours after the crash, he likely had an alcohol level of 0.162 at the time of the crash.