Utah’s top DUI cop cited for DUI

updated 9:55 p.m. ET June 30, 2006

SALT LAKE CITY - The commander of the Utah Highway Patrol's drunken driving unit has been cited for driving under the influence of alcohol after crashing his cruiser into a concrete barrier, authorities said.

Lt. Fred Swain veered off the shoulder of a highway in Draper early June 23, overcorrected and hit the barrier that separates the lanes, Lt. Doug McCleve said Thursday.

Swain said he fell asleep at the wheel, but officers suspected he had been drinking, said Draper police Sgt. Scott Peck. Swain refused to submit to a breathalyzer test until two patrol captains talked to him, Peck said.

The test showed that Swain's blood-alcohol level was nearly 0.12 percent, Peck said. Utah's legal limit is 0.08 percent.

Swain was placed on paid administrative leave while the patrol conducts an internal investigation.

Contacted by KSL-TV on Thursday, Swain said it was not in his best interest to comment.

Draper police investigated the incident. It's common for law enforcement agencies to ask another agency to investigate incidents involving their own personnel. Draper is about 19 miles south of Salt Lake City.

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