By Aly Walansky
Updated February 11, 2016
Credit: © Rosanna U / Getty Images

If you go by one man’s testimony, you may want to avoid getting behind the wheel after enjoying a heaping portion of beer-battered fish and chips.

In October 2014, John Przybla was charged with operating a vehicle while intoxicated after his truck was pulled over for a broken tail light and the officer smelled alcohol on his breath. The man denied having drank any alcohol, blaming the smell on beer-battered fish he had just eaten; however, his breath alcohol test showed a result of .062—way over the .02 limit.

To provide some insight, we spoke to Stephen Herz, clinical director of Reawakening Wellness Center, a rehab center in Florida, who sees little truth in the plea. “First, alcohol does burn off when heated, not completely, but enough to not taint one’s breath. Second, a breathalyzer tests lung air, not your breath. You can use a mouthwash that has alcohol in it (Listerine) and not blow positive for alcohol, unless, of course, you drank it.”

Earlier this week, the jury found Przybla guilty on all charges and is now awaiting sentencing. This is his tenth offense, so odds are it won’t go so well for him.

Przybla never stopped maintaining he hadn’t actually drank that night. Chances are he did enjoy beer-battered fish, but with a side of beer. Lots of it. Good luck to him finding either of those dining options in prison.