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Updated: Monday, 19 Dec 2011, 6:58 PM EST
Published : Monday, 19 Dec 2011, 1:41 PM EST
PORTSMOUTH, R.I. (WPRI) - Former Jamestown town councilor David Swain was arrested over the weekend in Portsmouth on charges of driving under the influence.
Portsmouth police Lt. Brian Peters confirmed the arrest to Eyewitness News. Police pulled Swain over on Middle Road about 1:45 a.m. Sunday after seeing his 1999 Toyota Corolla nearly hit a police cruiser, run a stop sign and make an illegal U-turn.
He also failed a field sobriety test and is accused of refusing to submit to a chemical test.
Police held Swain in custody overnight at the station and he was released in the morning on $1,000 personal recognizance after appearing before a justice of the peace. He's due back in court Jan. 5.
Swain, 56, was convicted of murdering his wife Shelley Tyre on the island of Tortola, but in September, his conviction was overturned.
After his release, Swain moved back to Rhode Island.
Tyre died while the couple was scuba diving back in 1999.
Copyright WPRI 12
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