Purgatory Correctional Facility
Fred S. Swain

ST. GEORGE — The former commander of the Utah Highway Patrol's DUI squad has admitted to operating a tractor-trailer while impaired.

Fred S. Swain, 45, pleaded guilty in Washington County Justice Court on March 17 to DUI, a class B misdemeanor. A misdemeanor charge for being an alcohol-restricted driver was dismissed.

Swain was arrested Nov. 16 at the port of entry on northbound I-15 near St. George after personnel there said they smelled an odor of alcohol and noticed other indicators of impairment when Swain entered the office to file his paperwork.

A trooper was called to the scene and asked Swain to submit to a breath test and complete standard field sobriety tests. Swain refused the request, UHP Sgt. Jeff Nigbur said.

Swain resigned from the UHP in 2006 after he was involved in a crash in his unmarked patrol car. A portable breath test showed a blood alcohol level of 0.116, more than Utah's 0.08 legal limit. He pleaded guilty in March 2008 to a class B misdemeanor charge of alcohol-related reckless driving. He was sentenced to a suspended term of 180 days in jail, put on probation for 12 months and ordered to pay a $782 fine.

Following his March 17 guilty plea, Swain was ordered to serve 10 days in jail, pay a $1,540 fine and spend 12 months on probation.

— Geoff Liesik