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Wis. jury doesn't buy beer-battered fish defense

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Posted at 4:06 PM, Feb 09, 2016
and last updated 2016-02-09 17:08:35-05

FRIENDSHIP, Wis. (AP) -- A Wisconsin jury has convicted a man who blamed eating beer-battered fish when he was picked up on his 10th drunken driving offense.

The Adams County jury found 76-year-old John Przybyla of Friendship guilty on Monday. Wisconsin Rapids Daily Tribune Media reports Przybyla faces up to 12.5 years in prison.

A criminal complaint says Przybyla told the deputy who stopped him in October 2014 that the reason he smelled like alcohol was because he had been at a fish fry and had eaten beer-battered fish.

Court documents say a preliminary breath test showed Przybyla had a 0.062 percent blood-alcohol concentration. The legal limit for Wisconsin residents with three or more drunken driving convictions is 0.02 percent.

A sentencing date has not been set.