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(KSL News) The former leader of the Utah Highway Patrol's DUI enforcement team will stand trial for driving drunk.
Fred Swain was arrested last year after crashing his patrol car into a concrete barrier near Bangerter Highway and 400 West in Draper.
At the time of the crash Swain told officers he had fallen asleep. The officers stated they smelled alcohol on him and that his blood alcohol level was over the legal limit.
Swain tried to get the arrest thrown out. He claimed there was insufficient evidence for officers to take him into custody.
A judge ruled against his argument and is sending the case to trial.