This may be the first time someone's attempted the fish defense. 

A 75 year-old man was stopped October 12, 2014 after a deputy noticed his truck had a broken tail light and had crossed the center line of the highway. The officer noticed the smell of alcohol on the man's breath.

The driver, John Przbyla of Friendship, Wisconsin denied drinking alcohol but told the deputy that he had eaten beer battered fish that night.

Thing is, Prybyla has had nine previous drunk driving convictions.

A breath alcohol test showed a preliminary result of .062, which is more than the .02 limit Przybyla faces because of his previous convictions, according to WISC.

Well, looks like the beer battered fish defense did not work, as Przybyla was found guilty of the felony Monday, according to Wisconsin court records.

Przybyla could face up to twelve and a half years in prison.

 

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