WAUKESHA, Wis. (WHBL) - A Sheboygan man has lost the appeal of his drunk driving conviction and will have to serve his two years in prison. 33 year old Jonathan Herr was charged after a police chase out of Elkhart Lake in August of 2011. Herr was hemmed in by squad cars and wouldn’t come out of his pickup truck, so, officers tased him and dragged him out. He was later convicted of 5th offense drunk driving and sentenced last April to prison and ordered to pay over $4,000 in fines and fees. He appealed on the grounds that officers used unreasonable force when he was arrested. Thus, any evidence in the case should be thrown out. The appeals court disagreed and upheld the sentence handed down by Judge Timothy Van Akkeren.