The Beer-Battered Fish Did It: Wisconsin Man Allegedly Use Novel Claim In Effort To Avoid 10th DUI

B9315435283Z.1_20141209170848_000_GLE9C78LF.1-0This rather stern looking gentleman in the booking line is John H. Przybyla , 75. If he looks a bit ticked, it may due to his falling victim to that siren’s call of dinner plates: beer-battered fish. When Przybyla was pulled over on what would be his 10th DUI, he allegedly told the deputy that the alcohol that he smelled was just his classic Wisconsin dinner. Unfortunately for him, the officer did not buy the blue plate special defense.

220px-Beer_Battered_Fish_and_ChipsPolice say that an officer followed the car due to a broken tail light and, when he checked the license plate, he saw that Przybyla owned the vehicle and had a revoked driver’s license. When Przybyla went over a centerline, he stopped the vehicle.

The officer had to tell Przybyla to put out a cigarette and asked Przybyla why he smelled alcohol. Przybyla said he had been at a fish fry and had eaten beer-battered fish. However, he refused to take a blood test – stating that it was against his religion. When the officer got a warrant for a blood test, police say that Przybyla fought them and had to be restrained. It showed a 0.062 blood-alcohol concentration. People with three or more drunken driving convictions cannot have a level above 0.02 percent . . . Battered fish or no battered fish.

Source: Wisconsin Rapids Tribune

42 thoughts on “The Beer-Battered Fish Did It: Wisconsin Man Allegedly Use Novel Claim In Effort To Avoid 10th DUI”

  1. Michael Haz: You should give up your day job and make at go at comedy! Pretty good stuff.

    I wonder what “religion” allows the faithful to smoke, drink, wear plaid, but refuse dentures or blood draws.

  2. Mike C – thanks for the link. That’s very interesting. I figured there would be some range of retention due to evaporative differences, but a range of 5-85% retention is amazing! Maybe that explains why I like coq au vin so much, or adding wine, port, sherry, or dry vermouth to sauces.

    The amount of beer in a batter coating, even at 85% retention, would not be enough to increase blood alcohol level significantly, but retention could be an issue for an alcoholic, or anyone else who needs to avoid all alcohol.

  3. I guess the common lie of having only “two beers” doesn’t work when the presumptive level is a .02. So now it’s fried fish for dinner.

  4. Fish Fry is overrated. I make a better potato pancake than I’ve ever had at any fish fry. And Haz forgot the applesauce. Not a real fish fry dinner without the applesauce. I prefer a New Glarus Fat Squirrel.

    I’ve heard of people spending time in jail for drunk driving in Wisconsin after their third arrest. A unit manager at the hospital who worked days used to come in early for her shift every day. We third shifters couldn’t figure out why, we found out she was in jail for drunk driving under ther Huber Law and that’s when she got released for work daily and her hubby had to drive her.

  5. Mr. John H. Przybyla said that he was not drunk. Who are we to doubt what he said? We know that something happened, but we don’t know what. He was traumatized. We must believe him. Maybe the details have changed along the way, but so what? Stop the war on drunks.

    It happened the way he said it did, and to believe otherwise is to blame the victim. H8ters.

    1. Michael Haz – I think he was still reeling from the results of the GJ results and is traumatized by the Michael Brown decision. And I would have that BAC thingie tested. They are not always accurate in cold weather.

  6. Paul –

    Gotta watch out for undercooked fish that is not sushi grade, and even that needs to be bought by a professional.

    I’ve taken a package of fish out of the refrigerator and found live parasitic worms crawling on the flesh. I had bought that from an expensive, well known grocery chain. Put me off of fish for a few years, and after that I overcooked it on purpose for a while. Yuck, I’m grossing myself out even now.

  7. I wonder how much time elapsed between his being pulled over and finally getting the blood test.

    I despise drunk drivers. I have a photo on my wall of a teenager in my family killed at 18 in a drunk driving accident. People who believe they have the right to put everyone else on the road in danger while they drive impaired are reprehensible. He went over the center line with the cop watching. What would have happened if he hadn’t been caught? Head on collision?

    I see WI had revoked his license. Was that because of his 9 previous DUIs or some other reason? That state needs to take drunk driving more seriously.

    And I’ve made beer battered fish, and steamed crab over beer. I’ve never noticed a smell of alcohol on anyone’s breath. The alcohol itself burns off. You might detect a slight beer smell, possibly, but it would have zero effect on blood alcohol level.

    And on another note, what’s a “blue plate?”

  8. And then DAMM (Drunks Against Mad Mothers) tried to launch a counter-action offering sober people rides to bars, but it failed for lack of sober people.

  9. Paul – Years ago in small towns, the local cops would make you park your car, and then would give you a ride home. After MADD developed some political clout, they were able to get that practice stopped.

  10. That’s just stupid.

    Hey, that’s how we roll in Sconnie. The Tavern League owns most of the politicians, and the DUI laws are a sad joke. The bonus for getting your third DUI is a 24 pack of Schlitz and a cooler.

    1. Michael Haz – It is nice that there is a bonus. God forbid they give you a free ride home.

  11. TENTH DUI !!! And the state allows him to drive? That’s the crime. So, virtually every resident of Wisconsin who has ever committed a DUI is still driving on the road?

    That’s just stupid.

    1. Steve H – WI does have a limit on DUIs. I have a friend whose ex is doing time for his umteenth DUI. They do seem to be tolerant though.

  12. This is the kind of story I hate because it casts my fellow Badger Staters in a bad light. Most of us born here started out with a .02 baseline reading at birth, and the various BAC measurement devices can’t be field calibrated to compensate for that. People born of UW students usually start out with a baseline BAC somewhat above the .02, as well, depending on which day of the week they were born.

    Fish fries, can we talk? They are a religious ritual, and every Friday is a Holy Day of Obligation. Mr. John H. Przybyla was probably just coming home after service, so he suffered religious persecution of the worst kind. Hands up, ……..something or other.

    And that photo – really – where’d that come from, Illinois? It looks like something a Bears fan would look at and say “dat’s a fish fry.” It isn’t. It’s a sloppy piece of lousy cod dipped in some thick batter goo and dropped onto a plate of soggy fries. Poseur. Wannabe. A real fish fry has lightly breaded perch, rye bread, potato pancakes and coleslaw. Accept no substitutes. And in real places that serve real fish fries, a bit of melted butter is drizzled on the perch just before serving to add some sweetness and richness to the flavor.

    A Wisconsin fish fry must (it’s a law, you can look it up) be served with either Leinenkugel of Spotted Cow beer. In some rare instances, Miller Lite and Pabst Blue Ribbon are allowed, but only if an exemption to the rules has been granted in advance. And because of this, Mr. John H. Przybyla (tartar sauce be upon him) was merely complying with the applicable Wisconsin laws and regulations. Because of this outrage, I have set up a crowd sourced fund raising effort to help cover Mr. John H. Przybyla’s legal costs, all the way through appeal, should that become necessary.

    You can donate by going to GoBuyMeARoundOfLeinie dot com, should you be so inclined.

  13. If this is how he reacts to beer battered fish, I hope he stays far away from the lutefisk.

    A real Wisconsinite would be able to eat twice his body weight and not go over .02. Rookie.

    1. bailers – if he is an alcoholic he already had residual alcohol in his system. 😉 Takes at least 6 weeks to sober up and get all the alcohol out of his system.

  14. ” If they under cooked the fish, and that happens, he could have a case.”

    Man-o-man, their fry technique really does seal in the moisture. How hot is that fry oil, anyway?

  15. Really? Wisconsin has a beer battered fish provision for drunken driving? They must get a lot of it. Usually the alcohol cooks off in most foods but it can be a problem with some. Rum soaked cakes in particular. If they under cooked the fish, and that happens, he could have a case.

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