This is an archived article that was published on sltrib.com in 2006, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.
The commander of the Utah Highway Patrol's DUI unit - who helped draft tougher anti-drunken driving legislation last year - was arrested for allegedly driving under the influence of alcohol after crashing his unmarked police cruiser into a concrete barrier in Draper.
Lt. Fred Swain was westbound on Bangerter Highway, near 400 West, about 2:25 a.m. on June 23 when he veered off the right shoulder, overcorrected and hit a concrete barrier that separates the east- and west-bound lanes, UHP Lt. Doug McCleve said.
While Swain said he fell asleep at the wheel, officers suspected he had been drinking, said Draper police Sgt. Scott Peck.
Swain, 41, declined medical attention several times and said it wasn't necessary for him to contact his UHP supervisors about the crash, said Peck.
Draper officer Kevin Easter stated that Swain was "acting strange" and wouldn't stand near officers or troopers as they questioned him. Easter detected an odor of alcohol about Swain, who was "very impaired" as he filled out a statement, according to Easter's written report.
Swain, who denied he had been drinking, initially refused to submit to a field sobriety test or a portable breath test until two UHP captains talked to him, stated the report. The test, taken about two hours after the crash, showed Swain's blood-alcohol level was nearly 0.12 percent - well above Utah's legal limit of 0.08 percent.
Swain was handcuffed and taken to the Draper police station, where he refused to answer officers' questions, Peck said.
"He knew it was all over with."
Following the questioning, Swain was issued a citation, released and driven home by a UHP captain.
The Draper sergeant, who knows Swain, said the incident was "one really crazy out-of-character mistake" that may cost Swain his career.
Swain was immediately placed on paid administrative leave while the UHP conducts an internal investigation, said McCleve.
"Our administration is deeply disappointed and extremely embarrassed because of the trust put in all of our officers," said McCleve.
The incident "goes against all that we stand for and represent," said McCleve, who promised swift and immediate action will be taken. A final decision on Swain's job status likely will be made next week by state Public Safety Commissioner Robert Flowers.
It was unclear why Swain's accident and arrest did not come to light until Thursday, nearly a week after the fact. Asked why the UHP did not inform the news media of the incident, McCleve said, "My job is not to do your job."
Draper City Prosecutor Melanie Serassio said Swain has five to 14 business days from the date of the citation to schedule an arraignment date with Draper City Justice Court Judge Daniel Bertch.
The maximum punishment for a class B misdemeanor DUI is 180 days in jail and a $1,850 fine. But Serassio said the standard punishment for first-time DUI offenders is two days in jail and a $1,400 fine. She said the judge may order community service in lieu of the jail time. Swain also could lose his driver's license.
As commander of the UHP's DUI team, Swain oversaw crackdowns on drunken driving. He also helped draft a Senate bill last year that would have stiffened penalties for DUI offenders. The bill died in the House.
Prior to serving as commander of the DUI team, Swain was in charge of the UHP's Criminal Interdiction Team and took part in numerous large drug busts.
He also oversaw a controversial roadblock program that was eventually discontinued after a prosecutor and state judge raised constitutional questions.
- Tribune reporters Nate Carlisle, Stephen Hunt and Brent Israelsen contributed to this report.