Police in Dell Prairie, Wisconsin spotted a truck crossing the center line on the highway and pulled the vehicle over to the side of the road.
The officer reportedly smelled alcohol on 75-year-old John Przybyla’s breath and noticed an empty beer can in the back of the truck. When asked if he had been drinking, Przybyla reportedly told the officer that he had not. Instead, he gave quite the excuse.
Przybyla failed a field sobriety test during this stop. The three-time OWI (operating while intoxicated) offender’s preliminary breath test registered 0.062. That number is not over Wisconsin’s legal limit. However, because of his past convictions, Przybyla is not allowed to operate a vehicle with a blood alcohol level above 0.02. He’s been charged with OWI nine times before.
So what did he tell police? Przybyla reportedly told the officer that his elevated blood alcohol reading was not due to drinking, but rather the result of the beer-battered fish he had recently eaten.
Will Przybyla’s beer-batter defense hold up in court? It depends. How the food was prepared (the amount of beer used in the recipe) and the method used to cook the fish can have an effect on how much of the alcohol is lost due to evaporation.
According to a report on the Global Post, there is alcohol in beer battered foods, “People seeking to avoid even trace alcohol contact, such as diners whose religion prohibits it, should avoid beer batter, but those who just want to avoid being drunk should have nothing to fear.”
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