Man in DUI case says alcohol smell caused by beer-battered fish lunch

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John Pryzybyla, 75, was pulled over in Adams County, Wisconsin, in October after being spotted driving erratically
Despite his fish-fry excuse, he was arrested after failing a field sobriety test
Pryzybyla tried to resist submitting to a blood test by claiming that it was against his religion
His record includes nine previous DUI convictions in multiple jurisdictions

Published: 16:23 EST, 11 December 2014 | Updated: 16:23 EST, 11 December 2014

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A sheriff's deputy in Wisconsin knew at once there was something fishy about John Pryzybyla's explanation for why he was reeking of alcohol.

A criminal complaint filed in Adams County says the 75-year-old resident of Friendship told the deputy who stopped him that the reason he smelled like liquor is because he had been at a traditional Wisconsin fish fry and had eaten beer-battered fish.

The complaint says the deputy had spotted Mr Przybyla driving with a broken taillight and making a U-turn on Highway 13 in Dell Prairie at around 2.30pm on October 12, followed his vehicle and discovered he had a revoked license.

Something's fishy: When pulled over by a deputy in Wisconsin back in October, John Pryzybyla, 75, tried to explain away the smell of alcohol on his breath by saying he had just eaten beer-battered fish

Fish tale: The glassy-eyed driver told the arresting deputy he was returning home from a fish fry

The arresting deputy noted that the driver had bloodshot and glassy eyes, and that there was an open container of Red Dog beer in the passenger seat, CBS 58 reported.

The traffic stop resulted in a DUI arrest - Pryzybyla's tenth in nearly two decades - after he failed a field sobriety test.

Pryzybyla was then taken to Moundview Memorial Hospital for a blood test, which he refused to take claiming it was against his religion, according to Wisconsin Rapids Tribune.

The arresting deputy was forced to obtain a warrant to compel Pryzybyla to take the test. Nurses at the hospital had to hold him down to draw blood.

Long history: The traffic stop marked Pryzybyla's tenth arrest stemming from a suspected DUI offense

Crafty: The driver was taken to a hospital for a blood test, but told the staff it was against his religion

Although his blood alcohol content was determined to be at .062, which is below the legal limit, his history of DUI incidents bars him from getting behind the wheel with a blood alcohol content higher than .02.

Pryzybyla has previous convictions in Milwaukee, Adams, and Columbia counties dating back to 1995. In 2011, he was sentenced to a year in jail and five years' probation.

He is due back in court January 21 for a preliminary hearing.