UPDATE: County Commissioner Brian Berger had a .08 BAC

Brian Berger (Source: New Hanover County Jail)
Brian Berger (Source: New Hanover County Jail)

NEW HANOVER COUNTY, NC (WECT) - New Hanover County Commissioner Brian Berger had a .08 blood alcohol concentration when he was arrested by the Wilmington Police Department, Tuesday, Dec. 18, on a charge of Driving While Intoxicated, according to a WPD Crime Lab report.

A BAC of .08 is the state minimum for charging with the crime.

According to a police report, Berger was pulled over around 2:00 a.m. in the 200 block of Market Street. The report stated an officer saw Berger make an abrupt left turn and then pulled him over.

While the officer was talking to the commissioner he decided to call in a traffic officer, who developed a cause to make an arrest for DWI.

WPD officer affidavit report stated that Berger had difficulty pulling to the side of the road.  He had red glass eyes, dilated pupils and there was an odor of alcohol.

Berger was given two alcosensor tests and the WPD also drew blood for tests.

Berger was brought in around 6:20 a.m. Tuesday. He was released on an $800 unsecured bond.

Berger has had a history of run-ins with local law enforcement. In June 2011, Berger was charged with assault on a female after an incident with an ex-girlfriend. She later got a protective order against him. He was charged with violating that order in 2012, but a jury found him not guilty of that in August.

Chairman Woody White has asked the county attorney to instruct county staff to make sure Berger does not have access to any county vehicles in an effort to reduce liability.

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