A Wisconsin man with nine prior drunk driving offenses told police at a traffic stop that his breath smelled like alcohol because he ate beer-battered fish for lunch.
John Przybyla, 76, was found guilty on Feb. 8 of drunk driving - his tenth offense - after a jury rejected his claim about eating beer-battered fish. Przybyla was also found guilty of driving with a revoked license and faces up to 12.5 years in prison for the conviction.
When he was stopped in October 2014, he told the deputy who pulled him over that he had been at a fish fry and ate beer-battered fish, which he claimed was the reason the deputy smelled alcohol on his breath. The officer said that the 76-year-old’s eyes were glossy and bloodshot and that he had a can of Red Dog Beer sitting on the passenger seat of his truck, says the Smoking Gun.
The legal blood-alcohol concentration limit for Wisconsin residents with more than three drunk driving convictions is 0.02 percent. Przybyla’s breath test results showed that his was 0.062 percent, according to Fox News.
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According to Deputy Brian Loewenhagen, John said that “... he was going to sue us for taking his blood because it was against his religion,” when officers held him down as a nurse tried to draw a blood sample for testing.