Fatal DUI suspect had 0.33 blood alcohol level

Erica D. Johnson

Thursday, April 24, 2003 | 11:14 a.m.

The blood alcohol level of the man charged with a drunken driving spree that killed a bicycling father was more than three times the legal limit when the collision occurred, prosecutors said this morning.

Michael Krivak's blood alcohol level was 0.33 when he was tested about an hour after the April 15 collision that killed Chris Holt, 44, and injured his 8-year-old son, Chance, Chief Deputy District Attorney Gary Booker said.

Krivak's blood alcohol level was 0.32 when he was tested an hour later, Booker said. Under Nevada law a level of 0.10 is considered under the influence.

Mark Fierro, a spokesman for the Holt family, said the test results may have sealed Krivak's fate.

"Incredible," he said. "This sends a clear message that this guy doesn't just drink, but he goes so far beyond any human limit. I think he's written the worse possible indictment ever."

Krivak's tests didn't prove positive for drugs or other illegal substances, which surprised Booker.

"I'm not surprised at his blood alcohol level," he said. "But I thought he had drugs in his system. You don't normally get that kind of rage and that kind of activity without drugs. But a whole lot of alcohol can do the same thing."

Krivak, 40, made his second appearance this morning in Las Vegas Justice Court before Justice of the Peace Ann Zimmerman.

In charges filed by prosecutors this morning, Krivak faces two counts of felony driving under the influence causing death or substantial bodily harm.

He also faces two counts of reckless driving, two counts of leaving the scene of an accident and one count of involuntary manslaughter. The DUI counts each carry a two- to 20-year sentence and are non-probationable. The charges of leaving the scene of an accident each carry a two- to 15-year sentence, Booker said

Krivak is being held at the Clark County Detention Center without bail.

Krivak, who told Zimmerman he could not afford an attorney, will be represented by a public defender when he attends his preliminary hearing May 12.

This morning's hearing marked the beginning of what will likely be a contentious court case for Krivak, who has a history of at least 13 prior DUI arrests in states including New Jersey, New York, Texas and New Mexico, dating to 1983.

Fierro said Krivak's high blood alcohol level, combined with that decades-long rap sheet, should ensure a conviction.

"There's not a juror in Nevada who is not going to look at him as a completely irresponsible person," he said. "Unfortunately he wasn't the one that had to pay for his irresponsibility."

Fierro said he expected the Holt family to follow closely the progression of the court case.

Police say Krivak, who was driving a red pickup truck, failed to stop at a red traffic light on Torrey Pines Drive and Lake Mead Boulevard and rear-ended a 1996 Chevrolet minivan driven by Samantha Zamora. Zamora was not seriously injured.

The truck was going 45 to 55 mph on Torrey Pines when it hit the two cyclists, police say.

That collision triggered another series of smaller accidents when Krivak tried to flee the scene through residential areas.

No one was hurt in the subsequent accidents, Booker said.