FIRST ON 3: Berger says he wasn't drunk despite 0.08 blood alcohol content

WILMINGTON, NC (WWAY) -- New Hanover County Commissioner Brian Berger's blood alcohol content was at the limit for drivers following his arrest for DWI according to a report from the Wilmington Police Department's Crime Laboratory first obtained by WWAY NewsChannel 3.

According to the report, Berger's blood alcohol content was 0.08 percent. North Carolina law says it is illegal to drive with a BAC of 0.08 percent or higher.

We tried to talk to Berger about the new information at today's New Hanover County Commission agenda review. Berger showed up late to the meeting.

"My understanding is that my blood alcohol content, while not good, was below the legal limit," Berger said as he got out of his SUV after arriving at the New Hanover County Government Complex for the meeting.

"I don't believe I was drunk," Berger said moments later as he walked to the building. "I've been pulled over, stopped about eight times in the last month. Two or three of those times parked in a parking lot, ignition off, sending text messages, because it's dangerous to text while driving."

Berger later told WWAY that the night of his arrest he had three beers and one shot, which he feels could have combined badly with the anti-depressant medication he is taking. Berger also said he is innocent of DWI and intends to fight the charge.

Court documents show Wilmington Police collected two vials of Berger's blood just before 4 a.m. on December 18 after an officer pulled Berger over for making "an abrupt left turn" in the 200 block of Market Street in downtown Wilmington. An Evidence/Property Receipt & Chain of Custody form shows police collected one vial of blood for a "DWI blood kit for alcohol testing." The other was "for additional testing." A source tells WWAY that second vial was sent to the SBI lab in Raleigh for drug testing.

As for driving, Berger’s license is currently listed as active which means it is legal for him to drive.

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THIS guy is gonna be one of them nuts that goes in the court house and shoots everyone up its obvious he has mental issues hes also taking antidepressants and drinking on them he blames everyone else for his problemns i dont know who voted for this nut but he doesnt need to be in any office representing the people of wilm he needs to be in a mental facility getting counseling


Berger is like a broken record. If one looked up drunk in the dictionary Berger's mug shot would be the there. He is a pitiful, delusional little dweeb. Diverting blame to others and showing up late to yet another meeting. A waste of sperm.

According to the original story, he was stopped shortly after 2 am. The story above says the vials of blood were not taken until "just before 4." If his BAC was at .08 OVER AN HOUR (anywhere from 1-2 hrs) AFTER he was stopped, then surely it would have been higher when he was actually driving. Am I wrong?

but that's how you play the game. Never blow if you might be over. In those cases, you always say you'd rather go downtown to get a blood test. When you get there, call your lawyer, etc to delay. That 90 minutes or so can make a big difference, as it no doubt did with Berger.

I've never been arrested, I've never been in jail, I've never damaged my girlfriends property, I was not driving drunk, and I am never late for meetings. (everyone else just arrives early!)

I AM TOTALLY INNOCENT! Please stop picking on me. It is hurting my campaign for re-election

He thinks he wasn't drunk despite blowing a .08. He also thinks he's a good politician. Yeah, that fits!

Come on Berger, .08!!! Regardless of what you might say the Law says you were drunk, so admit it and move on. Guess this shows his lack of respect for the laws of this country.

Interesting how Brian Berger states he's been pulled over "about" 8 times, including "2 or 3" times while sitting in a parking lot.

Who does not know the exact number of times one has been pulled over in a given period of time?

And how is it possible for one to be "pulled over" while sitting in a parking lot?

Methinks this fool is continuing to tell Tall Tales.

I think that it is absolutely rediculous that Berger is claiming to be "not guilty" when we all know a BLOOD TESTS don't lie!! Not only that but in this artical, Berger ADMITS that he had 3 beers and a shot ALONG WITH HIS ANTI-DEPRESSION meds....which taking those alone will get you a DUI if the med is strong enough. Knowing him and his issues and his drug/alcohol problem, it is more than likely strong enough to make it unsafe and illegal to drive while taking the meds. Good Job Berger for screwing yourself on that one!! Will this DWI make him loose his job? I know that if I got a DWI, my job would be gone. One more thing, doesn't his position require drug tests? If so, why would he be taking pain killers? If not, why the HELL does his job not require drug tests?? He should have been let go (ressign or not) a long time ago when he started showing up late everytime. He is irresponsible and unprofessional!! Just had to get my two cents in...

Who on earth voted for this character in the first place?What an embarrassment he is.

Who voted for him you was a bunch of tea leafs from the tea party that voted for him!!

what TEA stands for with respect to the TEA Party?

If it's proved he had pain killers in his system, would that be concidered a fellonly and can we root him out? As we all know, it is widely whispered he has a perscription drug problem.

.....or.....if someone came forward and confessed they sold him painkillers......would that do it? Could we get hm out?

the only provision currently on the statutes is removal for a felony conviction.

The Legislature, traditionally, will not consider a statute revision; it might impact their membership.

Quit goin' in on my boy Berger! Gnomesayin? Peace.

Jerkster - What are you talking about? No one mentioned race at all. Besides, he'd be an idiot in any color, language, or culture...unless, of course, he was surrounded by rocks and door-nails. Then he'd finally be on par with the intellect of his "peers."

Coverage of this guy surpasses Katherine Moore's coverage from a few years ago.