Menor, police at odds on DUI

Comments made by the senator conflict with a police report

State Sen. Ron Menor refused to take a breath test during a drunken-driving arrest Sunday -- contrary to what he stated later and insisted again yesterday, according to a police report.

Honolulu police officer Michael Krekel told traffic Sgt. Ryan Nishibun that Menor refused to breathe into a field preliminary alcoholic screening (PAS) device.

Menor was arrested at about 12:30 a.m. Sunday near the Lunalilo onramp of the H-1 freeway. Later that day, Menor issued a statement to the media that he blew into a device to measure his blood-alcohol content.

A police spokeswoman declined yesterday to confirm whether Menor had taken a breath test.

Menor responded yesterday that he "did do the test."

"There were three tests. ... We blew into a -- I guess you call it a PAS, we did that. I declined the field sobriety and the breathalyzer follow-up. I gave them a breath sample. It is called a PAS. I did do that, as I mentioned in my statement."

On Sunday, Krekel, the arresting officer, said he saw a gold-colored Honda Odyssey van being driven at about 30 mph westbound on the freeway by the Alexander Street onramp. The van, driven by Menor, was "weaving in a snake-like motion" as traffic began to build up behind it, he said.

According to police reports, Menor's breath smelled of alcohol from about two to three feet away, and he was swaying back and forth; his eyes were also red and watery, and he appeared tired.

Menor was cited for lacking a certificate of inspection, which had expired in March.

Menor declined to take a field sobriety test, citing a missing contact lens and his injured left foot. He also mentioned that he had taken pain medication.

"He stated that he was unsure of the medication but mentioned Vicodin," Krekel said.

During the arrest, an officer asked Menor if he was a state senator, but Menor refused to answer. A second officer asked Menor what he did for work. Menor said he was an attorney and that he works for himself.

"After I informed Menor that I recognized him as a state of Hawaii senator, he stated, 'Yes, I work in state government as well. I didn't want to say. That's true,'" said officer Benjamin Moszkowicz.

Menor had gone to a concert by the musical group Chicago and a sushi restaurant with his sons, ages 11 and 17. After the traffic stop, Moszkowicz stayed with the boys until Menor's wife picked them up.

In chatting with the boys, Moszkowicz mentioned that he looks for people who have been drinking and driving, and one of the boys replied, "Yeah, like Dad," the officer recalled.

When he was processed at the Police Department's downtown headquarters, Menor twice refused to take any breath or chemical test for his blood-alcohol level. Menor was told several times that refusal would mean an automatic revocation of his driver's license, but he still refused.