Court documents reportedly say that Wilmington Police took two vials of blood from a New Hanover County Commissioner during a drunk driving investigation. Recent reports in the media say that a toxicology test shows that the commissioner's blood alcohol concentration registered 0.08 percent.
However, the man accused of DWI says that he intends to fight the North Carolina DWI charges in court. He says that it is his understanding that one of the blood test results measured under the state per se legal limit of 0.08 percent, according to WWAY NewsChannel 3.
The man was arrested on suspicion of DWI December 18 in Wilmington, North Carolina around 2:00 in the morning. Police claim that the man was pulled over for allegedly making an abrupt turn in downtown Wilmington.
Law enforcement says that additional officers were called in to the traffic stop to conduct field sobriety tests. Later that morning, around 4:00 a.m., law enforcement reportedly obtained the two vials of blood. One of the vials was reportedly taken for a DWI blood kit, while the second vial was obtained for additional testing.
The man accused of DWI maintains that he was not drunk the night of his arrest. WWAY says that the commissioner admitted to drinking that night, and also admitted to taking an unidentified anti-depressant medication.
Generally, North Carolina DWI laws are rather broad in their application. As this blog has discussed a breath or blood test can be used as evidence under the so-called per se impaired driving avenue that the law affords authorities.
Most drivers know that North Carolina law sets the legal limit to drive for people age 21 and over at 0.08 percent BAC. However, authorities may also rely on other evidence in a DWI case. Drivers accused of drunk driving in North Carolina are entitled to representation by a criminal defense lawyer when facing criminal charges in the state.
Source: WWAY NewsChannel3, "FIRST ON 3: Berger says he wasn't drunk despite 0.08 blood alcohol content," Jan. 3, 2013