City attorney charged with DUI

Dan Kulin

Tuesday, Sept. 16, 2003 | 11:04 a.m.

Boulder City Attorney Dave Olsen was arrested and charged with drunken driving on the city's main street shortly before 1 a.m. Saturday.

Olsen, city attorney for four years, said although he had been drinking prior to being pulled over, he was not drunk and intends to "aggressively" fight the charge.

Friday night Olsen and his wife drove the attorney's new 2001 Yamaha Road Star motorcycle to Las Vegas for a Blue Oyster Cult concert and motorcycle festival on Fremont Street. Olsen said that while there he drank some beer, but he would not say how much.

On the way home, the couple stopped at the Stage Coach in Boulder City, where Olsen said he drank some more, but again he would not say how much.

"But I do not believe that my driving ability was impaired by alcohol," Olsen said.

With his wife riding on the back of the motorcycle, Olsen pulled onto Nevada Way where police pulled him over near New Mexico Street around 1 a.m. Saturday.

Police stopped Olsen for failing to stay in his lane near the part of the road where it thins from two lanes to one for traffic heading into downtown, Olsen said.

Olsen, 54, was cited for failure to maintain travel lane and operating a motorcycle without a motorcycle endorsement, which means he had not taken driving and written test to drive a motorcycle. The penalty for both offenses are fines.

He was also charged with driving under the influence of alcohol, which carries a maximum penalty of a $1,000 fine and six months in jail, and a minimum penalty of a $400 fine and two days in jail or community service.

Olsen said he was given two Breathalyzer tests, one at the scene of the traffic stop and another at the police station. His blood-alcohol level was above the legal limit of 0.10 according to both tests, he said.

A law passed by the State Legislature earlier this year will lower the legal limit to 0.08 starting Sept. 23.

"I'm not going to dispute the fact that I was riding without a motorcycle endorsement, and I will not dispute that I failed to maintain my lane of travel," Olsen said. "I, however, will aggressively defend myself against the DUI allegation. Whether on technical grounds or evidentiary grounds. I am not guilty of the DUI. ...

"The evidence collected by the officer and the manner in which the evidence was collected and whether it will be admitted in court remain to be seen," Olsen said.

Olsen would not say what the Breathalyzer tests showed his blood-alcohol level was. The police report, which would usually include such information, was not available Monday.

In a typical drunken driving case the police report would be sent to Olsen, who as the city attorney would decide whether to release the report and if so when to release it, Olsen and the police chief said.

But because Olsen is the defendant in this case, the report will be sent to the replacement prosecutor who will decide what information to release and when, Olsen said.

Because of Olsen's relationships with many attorneys in the area, Olsen said he expects either the Clark County District Attorney's Office of the Nevada Attorney General's Office will be called in to handle his case.

Except for the disruption to the normal court process to protect against potential conflicts of interest, Olsen said he has been and expects to be treated as any other citizen charged with drunken driving.

Police Chief Bill Turk, who was woken up and called to the scene of Olsen's traffic stop, said Olsen was very accommodating.

"As chief it's my job to help deal with these people, people that would expect different treatment," Turk said. But in Olsen's case he was only asking that he be treated like anyone else, Turk said.

Olsen said that as soon as he was pulled over he repeatedly told the officers to treat him like anyone else.

Olsen was handcuffed and brought to the police station. He was later released by police on his own recognizance.

In one respect, Olsen was not "treated like anyone else" -- a police officer drove his motorcycle home for him.

"The officers were obviously very uncomfortable," Olsen said. "I felt badly that I had even put officers that I worked with in that position to deal with me."

Olsen said he contacted the Mayor and City Council members on Saturday to tell them what happened.

"They were all very understanding and supportive," he said.

Mayor Bob Ferraro said he had no comment on the arrest except to say that the council will probably not address the matter until after the courts have dealt with the charge.

Olsen is an at-will employee of the mayor and council, which means he can be fired at any time. Olsen is paid $105,287 a year and also receives a $350 monthly car allowance.

A statement released by City Hall Monday said the alleged offenses happened while Olsen was "engaged in a personal activity on his own time and did not occur while he was engaged in any official capacity on behalf of the city."

Olsen said he is sorry if the situation has embarrassed the Boulder City community, but he hopes residents will afford him the presumption of innocence.