BOULDER - Richard Polk made a tearful apology to his fellow City Council members Tuesday night for his arrest for driving under the influence of drugs and was told he could remain on council until at least his Nov. 6 court date.

"I made a serious mistake that I deeply regret," said Polk, who was dressed in a suit and red tie. "I embarrassed myself, my family, the council and the community.

"As an elected official, I have a responsibility to act responsibly at all times."

Polk said he'd lost the public's trust but intends to regain it. He also said he has sought counseling to be certain that his personal problems won't get in the way of his official duties.

"I'm confident I can serve my public duties," Polk said. "Together with my family, I can do this."

Polk, who owns the Pedestrian Shop shoe store on the Pearl Street Mall, was elected to council in 2005.

Immediately after Polk spoke, Mayor Mark Ruzzin read a statement from the council, saying that each member considers the incident a serious matter.

The city's charter will determine Polk's fate, Ruzzin said, noting that it calls for removal of a council member convicted of a crime or felony.

The council will seek guidance from the city attorney and others regarding what constitutes a crime, Ruzzin said.

Polk was arrested after a traffic stop Sept. 25 and cited for driving under the influence of drugs.

A Boulder police officer said he smelled a strong odor of marijuana on Polk and inside his car during the traffic stop downtown.

In a search of the car, officers found two bags suspected of containing small amounts of marijuana. They also found a wooden pipe and rolling papers in the car and in Polk's pockets.

The police report said that after the arresting officer, Keith Steinman, pulled Polk over after observing him straddling the center line, Polk told him, "Wait, can we do something else? I am a Boulder City Council member; I'm embarrassed."

Tuesday night, Boulder Police Chief Mark Beckner read his own statement, saying that contrary to some news reports and grumblings, Polk didn't receive favorable treatment because of his office.

Polk was taken to the police station but was not jailed. He was allowed to go home with just a summons after giving a urine sample.

Beckner said the arresting officer followed the same procedure with several other people stopped for similar violations.

Forty-five drivers arrested in the first few months of 2006 in similar cases were treated essentially the same way, Beckner said.

"There was nothing in the arrest of Mr. Polk to suggest that he was treated more favorably by officer Steinman," Beckner said.