Crime & Safety

Mansfield Man Attributes Failed Alcohol Breath Test to Rice Wine Marinade

Eric J. Pushee, 38, was convicted of an OUI last year in Attleboro District Court

MANSFIELD, MA — A Mansfield man on probation for an OUI charge says a rice wine marinated meal is the reason that he failed a court-ordered breath test.

Eric J. Pushee, 38, was convicted of an OUI last year in Attleboro District Court, according to the Sun Chronicle. He was ordered to remain alcohol-free and submit to random tests. Tuesday, however, he failed several tests on an in-home machine that is monitored by the probation department.

Following multiple failed tests over a 90-minute period, he was arrested on a probation warrant and appeared in court Wednesday.

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The highest reading was 0.044 percent and the machine is supposed to read 0.0 percent. Pushee said the test may have been affected by mouthwash and a rice wine marinated meal he ate.

Pushee's lawyers asked Judge Daniel O'Shea to give his client the benefit of the doubt but it was noted that he violated his probation last month. He was ordered held in jail pending a Nov. 30 probation hearing.

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Pushee faces up to six months in jail.

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