A Wisconsin man blames 10th DUI arrest on beer-battered fish. John Pryzbyla, a 75 year old Wisconsin resident, was allegedly spotted driving erratically, by an Adams County Sheriff’s Office deputy, before being pulled over. The deputy stated, that he recognized the “smell of a moderate odor of an intoxicating beverage emitting from his breath.” (this language is verbatim officer training speak, which they are instructed to put in every DUI arrest report). When the officer inquired as to why he smelled of alcohol, the driver explained that he was not drinking alcohol, but had his fill of beer-battered fish at lunch.
The officer did not buy his beer-battered fish defense, and conducted field sobriety tests on the suspect. The 75 year old driver reportedly failed said tests, which is interesting, due to the fact, that the National Highway Traffic Safety Administration which sets the standards for field sobriety tests, specifically addresses that people of advanced age, (65 years or older) generally will have difficulty performing these tests (while sober) due to their limited motor skills.
Additionally, the officer added his eyes were bloodshot and glossy (again verbatim officer speak in every DUI case). In addition to the, so called “failed” field sobriety tests performed by the 75 year old man, Deputy Brian Loewenhagen found an open container of Red Dog Beer on the truck’s passenger seat. Eventually, a Breathatleyer test was taken, which recorder Przybyla’s blood alcohol content at .062, well below the .08 legal limit. But, due to his 9 prior DUI convictions, he is prohibited from operating a vehicle with a BAC above .02.
The beer-battered defense was a nice try by the accused, but with 9 prior DUI convictions he would have been best served to close his mouth and make no statements during his arrest.
-Michael A. Troiano, Esq.
source: http://www.thesmokinggun.com/documents/man-blames-beer-battered-fish-for-DWI-687543
http://www.startribune.com/local/285362851.html