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Originally published Wednesday, May 14, 2008 at 12:00 AM

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Seahawks' Tatupu apologizes after arrest

Seahawks linebacker Lofa Tatupu was arrested Saturday on suspicion of driving while intoxicated. His blood-alcohol content was measured...

Seattle Times staff reporter

Seahawks linebacker Lofa Tatupu was arrested Saturday on suspicion of driving while intoxicated. His blood-alcohol content was measured to be nearly twice the legal limit.

Tatupu, 25, played the past three seasons for the Seahawks and served as one of the defensive captains the past two years. He released a statement through the team Tuesday apologizing for what he characterized as a "poor decision."

"I take seriously my role as a leader on this team, and in the community," the statement read, "and because of that I'm disappointed and embarrassed by the level of poor judgment I used last weekend. Thankfully nobody was hurt. This will never happen again, and I hope through hard work on and off the field to begin earning your respect and trust again."

Tatupu was driving a 2006 Hyundai with four passengers in Kirkland, according to the police report. An officer observed him traveling in excess of 50 mph in a 35 mph zone and then followed Tatupu into the parking lot of a fast-food restaurant.

Tatupu was arrested by Kirkland police after taking part in three different field-sobriety tests. Tatupu declined to take a portable Breathalyzer at the scene. He was taken to the police station where a Breathalyzer measured his blood-alcohol content at 0.155 percent and 0.158 percent, nearly double the state's legal limit of 0.08 percent.

The police investigation has been forwarded to Kirkland prosecutors for the filing of charges.

Kirkland police sent a news release regarding the arrest and characterized Tatupu as "polite and cooperative throughout the process."

An arraignment will be the next step in the case. Driving while intoxicated is a gross misdemeanor with a maximum sentence of one year in prison and a $5,000 fine. The DUI sentencing guidelines for someone without a prior DUI conviction and a blood-alcohol content of 0.15 or higher includes 48 hours in jail.

Tatupu could face discipline from the NFL under its substance-abuse policy. But if he's a first-time offender the general protocol does not call for a suspension.

Tatupu has reached the Pro Bowl in each of his three seasons with the Seahawks. In March, he agreed to a contract that totals $42 million and makes him one of the highest-paid linebackers in the NFL.

Tatupu's arrest came after he participated in a week of practices that are part of the team's offseason workouts. Those practices concluded Thursday. Tatupu was arrested two days later.

He was traveling east on 85th Avenue Northeast, just after 2 a.m. on Saturday, according to the police report. The officer's car was parked, pointing in the opposite direction, when he observed the car traveling in excess of 50 mph. The officer pulled a U-turn and began following.

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The officer said he observed Tatupu make two lane changes, one without signaling, and pulled into a McDonald's drive-through. The officer activated his emergency lights and pulled in behind the Hyundai that was driven by Tatupu.

The officer reported he could smell intoxicants coming from the vehicle, which included four other passengers. Tatupu stated he had not consumed any alcohol, according to the report. The officer asked Tatupu to take part in field-sobriety tests, which he did. The officer noted Tatupu failed to follow his instructions to walk heel-to-toe in one test and that he had difficulty maintaining his balance while standing on one foot in another. He asked Tatupu to submit to a portable Breathalyzer test, and Tatupu refused. He was then arrested, handcuffed without incident and taken to the Kirkland Police Department. His car was impounded.

At the police station, the officer administered three sets of Breathalyzer tests before getting a final reading with two usable samples. The officer wrote that Tatupu did not provide a steady flow of air for the second sample in each of the first two instances. The officer said he informed Tatupu that if he did not get two valid samples on the third attempt, they would go to the hospital for a voluntary blood draw. The third attempt yielded two samples, which were measured at 0.155 and 0.158.

Danny O'Neil: 206-464-2364 or doneil@seattletimes.com

Copyright © 2008 The Seattle Times Company

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