A Wisconsin man facing his 10th drunken driving charge says he smelled like alcohol because he had eaten beer-battered fish. 

The fish fry is a Wisconsin tradition, but here’s something it’s not: An excuse to get out of a DUI.

John Przybyla, 73, of Friendship, WI, was pulled over for a broken tail light and “erratic driving” on October 12 by a deputy who then smelled alcohol on his breath and saw that his eyes were blood shot, according to a report released by the Adams County police department.

That’s when Przybyla told the deputy that he wasn’t drinking, but rather eating beer-battered fish at a fish fry. Classic.

The drunken fool then failed multiple field sobriety tests, as well as a breathalyzer test. He was promptly arrested and brought to a hospital.

At the hospital, Przybyla said it was “against his religion” to take a blood test, according to the deputy.

Przybyla was first convicted for drunk driving in 1994.

[via Reuters, Eater]

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