A jury in Adams County, Wisconsin, found a 76-year-old Friendship man,
who said during a traffic stop that he smelled of alcohol because he had
just eaten beer-battered fish, guilty on Monday of his 10th offense of
drunken driving.
John H. Przybyla faces a maximum of 12½ years in prison.
Portage County Circuit Judge Alan White, acting as a substitute judge in
the Adams County case, ordered a pre-sentencing investigation. No date
for sentencing has been scheduled.
According to court documents, at 2:27pm on Oct. 12, 2014, an Adams
County deputy saw a vehicle make a U-turn on Highway 13 in Dell Prairie.
The deputy followed the vehicle and saw that it had a broken tail lamp. The deputy checked the license plate and learned Przybyla owned the vehicle, and he had a revoked driver's license. As Przybyla went around a curve in the highway, the deputy saw Przybyla's vehicle go over the center line. The deputy stopped the vehicle. The deputy noticed an odor of alcohol on Przybyla's breath and asked him how much he had been drinking.
Przybyla said he hadn't but had been at a fish fry on State 82 and had eaten beer-battered fish. The deputy arrested Przybyla and took him to Moundview Memorial Hospital in Adams. Przybyla refused to take a blood test, stating it was against his religion. The deputy got a warrant to conduct the test. A preliminary breath test showed Przybyla had a 0.062 blood-alcohol concentration. For Wisconsin residents with three or more drunken driving convictions, the legal limit is 0.02 percent.
The deputy followed the vehicle and saw that it had a broken tail lamp. The deputy checked the license plate and learned Przybyla owned the vehicle, and he had a revoked driver's license. As Przybyla went around a curve in the highway, the deputy saw Przybyla's vehicle go over the center line. The deputy stopped the vehicle. The deputy noticed an odor of alcohol on Przybyla's breath and asked him how much he had been drinking.
Przybyla said he hadn't but had been at a fish fry on State 82 and had eaten beer-battered fish. The deputy arrested Przybyla and took him to Moundview Memorial Hospital in Adams. Przybyla refused to take a blood test, stating it was against his religion. The deputy got a warrant to conduct the test. A preliminary breath test showed Przybyla had a 0.062 blood-alcohol concentration. For Wisconsin residents with three or more drunken driving convictions, the legal limit is 0.02 percent.
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