The unusual DWI story of a man and some beer battered fish

The Wisconsin Rapid Tribune recently reported on an unusual DWI story concerning the arrest of a man who blamed the fact that he had alcohol on his breath on the fact that he had just eaten beer-battered fish. His behavior while driving, the initial breathalyzer test, and the fact that it was his 10th DWI arrest suggested another cause entirely.

The incident began when Mr. Przybyla, age 75, was observed making a U-turn in the middle of the highway by a sheriff’s deputy. The deputy followed the car and noted that it had a broken tail light. He ran the license plates and noted that Przybyla had a revoked license. But it was only after Przybyla went over the center line after going around a curve that the deputy pulled him over.

After telling Przybyla to put out his cigarette, the deputy noticed that he had alcohol on his breath. After being asked how much he’d had to drink, Przybyla claimed that he had not had anything to drink but that his breath was the result of his having eaten beer-battered fish. The deputy, apparently unwilling to take Przybyla’s word, arrested him and took him to a nearby hospital to take a blood test. Przybyla refused the blood test, claiming that it was against his religion to give one. The deputy found a court commissioner who was willing to grant a warrant and then insisted. Nevertheless, Mr. Przybyla fought against taking the blood test and had to be restrained by a group of deputies for the blood sample to be taken.

The results of the blood test are not available, but the breathalyzer test indicated that Przybyla had a 0.062 blood-alcohol level, about three times the .02 legal limit for Wisconsin residents with three or more drunk driving convictions.

Attorney Shelburn has handled many unusual DWI cases in Charlotte, North Carolina.  If you’ve been arrested for DWI in Charlotte-Mecklenburg County, don’t wait contact us for a free case evaluation.


Image credit: “TillysTavernFish” by Jonathunder – Own work. Licensed under GFDL 1.2 via Wikimedia Commons