A Wisconsin man told a sheriff's deputy he had not been drinking, but rather eating beer-battered fish when he was pulled over for what could be his 10th drunken driving offense, according to an incident report released on Wednesday.



John Przybyla, 73, of Friendship, Wisconsin, was stopped for a broken tail light and erratic driving on Oct. 12 by a deputy who then smelled alcohol on his breath and saw that his eyes were blood shot, according to an incident report released by the Adams County Sheriff's Department.



The deputy asked Przybyla how much he had had to drink. Przybyla replied that he had not been drinking and instead had eaten beer-battered fish at a fish fry, the report said.



Przybyla was arrested after he failed a field sobriety test and a breath test showed he had been drinking, the report said.



Przybyla was first convicted of drunken driving in 1994. A preliminary hearing is set for Jan. 21 in Adams County Circuit Court, where Przybyla faces his 10th drunken driving offense, according to online court records.