Ex-UHP lieutenant pleads not guilty to single DUI count
This is an archived article that was published on sltrib.com in 2006, and information in the article may be outdated.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.

Former Utah Highway Patrol Lt. Fred Swain - who was allegedly driving drunk last month when he crashed his police cruiser - has entered a not guilty plea to one count of driving under the influence of alcohol. Defense attorney Benjamin Hamilton entered the plea on Swain's behalf on Monday in Draper City's justice court. A pre-trial conference is scheduled for Aug. 10 before Judge Daniel Bertch. A trial date could be set at that time. Swain - a 15-year veteran who commanded the UHP's DUI team - resigned Friday. In his letter of resignation, he admitted to having a drinking problem for more than two years. The 41-year-old officer was off duty about 2:30 a.m. on June 23, when he crashed his unmarked cruiser into a concrete barrier on Bangerter Highway near 400 West in Draper. Swain told officers he had fallen asleep. But tests showed his blood-alcohol level was nearly 0.12 percent. Utah's legal limit is 0.08. Swain is charged with a class B misdemeanor, which carries a maximum of six months in jail, but the standard punishment for first-time DUI offenders is two days in jail. However, community service is often substituted for jail time, according to prosecutors.

- Stephen Hunt

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