|A jury decided beer battered fish|
did not get this guy drunk.
Friday, February 12, 2016
No, You Can't Get Out Of A Drunk Driving Charge By Blaming It On Beer Battered Fish
If you ever get pulled over for drunken driving, don't try the following excuse. Turns out it doesn't work.
John Przybyla, 76, was arrested back in October, 2014 after cops pulled him over for a bad tail light and discovered that it appeared he'd been drinking, television station WSAW in Wausau, Wisconsin reported.
Przybyla already had nine drunken driving convictions under his belt, so under the rules in Wisconsin, he'd be considered drunk with a blood alcohol content of 0.02 percent. Most states place the limit at 0.08.
Turns out Przybyla's BAC was 0.062, so he was in trouble.
But Przybla had an explanation: He had just eaten beer battered fish. That probably put the alcohol in his blood, not booze, he pleaded.
The case went to a jury, which didn't buy the beer battered fish argument, WSAW said.
The panel convicted Przybyla of operating while intoxicated, tenth offense, operating with a prohibited alcohol concentration, and operating while revoked.
Experts say you'd probably ingest a little alcohol if you ate beer battered fish, but you'd have to eat more than you possibly could to even get a buzz out of it.