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.