His story sounds fishy…DUI or battered fish?

St. Petersburg DUI defense.bmp So many people had follow up questions about an earlier post from the smoking gun that here is a follow up.

10th DUI’s the charm? A Wisconsin man who was recently pulled over on suspicion of driving under the influence, has a history of DUI’s…and creative excuses!

John Przybyla, who has nine prior DUI convictions, was pulled over by local police when they saw the 75-year-old motorist swerving between lanes. John, who was driving on a suspended driver’s license, had several signs of impairment.

Police noticed a scent of alcohol coming from his breath, bloodshot, watery eyes and an open can of beer next to him.

When police asked him how much he had to drink and pointed out that he was caught straight up, the suspect didn’t hesitate. Despite an open, cold can of beer in the car, John denied drinking anything. Rather he admitted eating a large portion of beer-battered fish for dinner!

Despite that rock-solid excuse, police eventually arrested him after he failed field sobriety exercises. At the station, the man blew a .062. That is below the legal limit of a .08 but under Wisconsion law he was not allowed to drive with any B.A.C. above a .02 because of his numerous priors.

Przybyla was arrested on numerous charges including felony DUI, DWLSR and traffic infractions. His next court date is in January.
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LEGAL ANALYSIS

In Florida a DUI is usually a misdemeanor but can be bumped up to a felony under certain circumstances. DUI manslaughter or DUI with serious bodily injury are both felony charges. Three DUIs within 10 years of four plus overall DUIs also would amount to a third-degree felony. This means the defendant could serve up to five years in prison as well as having an enhanced fine.

In this particular case with these egregious facts, John would almost certainly be looking at a very lengthy prison sentence if this happened in Florida. His felony DUI is punishable by up to five years and if his DWLSR is a felony as well, he could be sentenced up to 10 years in prison!

Have you or a loved one been arrested for a DUI or driving while license is suspended? Then call the Clearwater criminal defense lawyers of Blake & Dorsten, P.A. today! These former prosecutors are experienced trial attorneys.

The lawyers of Blake & Dorsten, P.A. handles all criminal and personal injury cases throughout the Gulf Coast of Florida including Clearwater, Tampa Bay, Saint Petersburg, Largo, Pinellas Park, Brandon, Feathersound, Seminole, Bradenton and St. Pete Beach.

To speak directly with your Saint Petersburg DUI defense attorney click on the contact button or call 727.286.6141. Blake & Dorsten, P.A…when your case matters!

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