A Fishy Story: Wisconsin Man blames “beer-battered” fish for his 10th DUI

From the Wisconsin Rapids Record:

A 75-year-old Friendship man facing a 10th offense drunken driving charge told a deputy he smelled like alcohol because he had just eaten beer-battered fish…

According to the criminal complaint, at 2:27 p.m. Oct. 12, an Adams County deputy saw a vehicle make a U-turn on Highway 13 in Dell Prairie. The deputy followed the vehicle and saw that it had a broken tail lamp. The deputy checked the license plate and learned [John H.] Przybyla owned the vehicle, and he had a revoked driver’s license.

As Przybyla went around a curve in the highway, the deputy saw Przybyla’s vehicle go over the centerline, according to the complaint. He stopped the vehicle.

The deputy asked Przybyla to put out the cigarette Przybyla was smoking. The deputy then noticed an odor of intoxicants coming from Przybyla’s breath, according to the complaint.

When the deputy asked Przybyla how much he had been drinking, Przybyla replied he had not been drinking. Przybyla said he had been at a fish fry on Highway 82 and had eaten beer-battered fish, according to the complaint.

The deputy arrested Przybyla and took him to Moundview Memorial Hospital in Adams. Przybyla refused to take a blood test, stating it was against his religion, according to the complaint. The deputy contacted a court commissioner, who granted a warrant.

Przybyla fought the blood test, and deputies had to restrain Przybyla for hospital staff members to get the blood. The results weren’t available Tuesday, but a preliminary breath test done by the deputy showed a 0.062 blood-alcohol concentration. For Wisconsin residents with three or more drunken driving convictions, the legal limit is 0.02 percent.

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