A new excuse for driving while intoxicated. But the jury fails to buy it hook, line and sinker.

FOX's Tom Rigatti reports:

We all know we're not supposed to drink and drive, but eat fish and drive?

A 76-year-old Wisconsin man who was pulled over while driving erratically was charged by an Adams County Deputy of driving while drunk.

But, no officer, the guy said. I haven't been drinking and driving, I have been eating beer battered fish. The deputy smelled something fishy and didn't believe the man. So the suspect took it to court and demanded a jury trial.

The jury didn't buy it either. Convicting him of drunk driving and operating with a revoked license. It was his tenth DWI conviction.

Tom Rigatti, FOX News.