Arakawa had refused to accept Kulp's resignation when he offered it immediately after his Dec. 17 arrest in Kahului for driving under the influence of alcohol. At the time, Kulp issued a statement apologizing for his "inexcusable error in judgment."

Yesterday, the mayor said he spoke with Kulp after a court hearing last week on a motion to suppress police evidence in the DUI case, and they agreed that Kulp's situation might "detract from the integrity of the office." As managing director, Kulp is the county's top non-elected official and serves as acting mayor when Arakawa is away.

Arakawa said Kulp has done "a good job" and that they remain "good friends."

"Everyone is entitled to make a mistake. None of us is perfect," he said. But the criminal case "has become a bigger issue than the individual," Arakawa said, and Kulp decided to resign in order to maintain confidence in the administration.

Neither Kulp nor his attorney, David Sereno, could be reached yesterday for comment.

Kulp, who ran an unsuccessful Republican campaign in 1998 for the state House of Representatives, had a January 2002 conviction for drunken driving in Nevada, according to Maui court records.

In the most recent incident, police said they pulled over Kulp's 1985 Mercedes sedan at 11:41 p.m. Dec. 16 on Wahine Pio Avenue near the Maui Arts & Cultural Center. A breath test indicated his blood-alcohol level was .14 percent, above the legal limit of .08 percent, police said.

Sereno's motion to suppress the evidence argues the roadblock was unconstitutional because police were given instructions to not stop mo-peds, and the state's standards for roadblocks require police to include all vehicles.

Police had decided to exclude mopeds for safety reasons and to maintain the smooth flow of traffic, according to a written response filed by Deputy Attorney General Joanne Ha'o, who noted that no mopeds passed the checkpoint the night of Dec. 16.

Ha'o said police followed properly established procedures and had the leeway to exclude mo-peds.

The hearing on Sereno's motion will continue Aug. 27.

Arakawa said Deputy Managing Director Ken Taira will serve as acting managing director until a formal replacement is named.