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SALT LAKE CITY -- Former Utah House Majority Leader Kevin Garn was arrested for driving under the influence in 2006.
Salt Lake City Justice Court records from May 2006 show Garn was found passed out in a car outside the Red Lion Hotel in Salt Lake City.
He failed field sobriety tests, refused a breath test, was cited for DUI and later pleaded guilty to alcohol-related reckless driving, which is a class B misdemeanor.
The incident occurred just one week before the Republican Convention, where he was nominated for re-election.
Two months later, he pleaded guilty to a reduced offense of alcohol-related reckless driving. A judge sentenced him to 180 days in jail but suspended the sentence in favor of 12 months probation.
Salt Lake City prosecutor Sim Gill says at the time his office didn't know Garn was a public official, but it wouldn't have made a difference in the case.
"This case was prosecuted based on the evidence. It wasn't prosecuted because he was a lawmaker or because he was in some sort of a political position," he says.
Gill says his office gets as many as 3,000 of these cases in a given year, so this case did not stand out.
Garn resigned from the Legislature earlier this month after acknowledging that he had paid a woman $150,000 to keep silent about going hot tubbing in the nude with her a quarter century ago when she was a minor and he was more than 14 years older than she was.
A message left with Garn was not immediately returned.
(The Associated Press contributed to this report.)