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New Bern Mayor tests 0.0 percent; charged with DWI

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Another North Carolina driver has been charged with driving while impaired after an alcohol test registered 0.0 percent alcohol concentration, according to the Gaston Gazette. This time, the results of a blood test reportedly are not yet available, but authorities accuse the mayor of New Bern, North Carolina of DWI.

Police say that two people reported a Chevrolet van driving erratically Monday morning. Havelock police responded to the area and stopped a Chevy van on U.S. 70 shortly before 7:45 in the morning. Officers apparently requested the driver to perform roadside field sobriety tests based upon his alleged driving conduct. Officials claim that the Mayor did not perform well enough to pass the tests. The officer apparently also believed that the mayor was “acting funny,” according to the Gazette. He was taken into custody on suspicion of DWI.

The man reportedly took a Breathalyzer test, which reportedly showed that the man had no alcohol in his system. Authorities claim that the man submitted a blood sample for further toxicology testing, the results of which have not been completed. The Mayor appeared before a magistrate who reportedly found probable cause to support DWI charges.

The Mayor told the Gazette that he had overslept Monday morning and was running late. During the roadside tests the Mayor says that he could not perform a balancing test due to his progress recovering from hip replacement surgery in November.

North Carolina law allows authorities to bring drunk driving charges based upon an alcohol reading measuring 0.08 percent or greater. But, authorities may also accuse a person of driving drunk based upon an officer’s observations of driving conduct and of a person’s performance in field sobriety tests. But, FSTs are not foolproof. Generally, North Carolina drivers may also be charged with driving while impaired by drugs.

Source: Gaston Gazette, “NC mayor accused of DWI, disputes charge,” New Bern Sun Journal, May 6, 2013

Greenville DUI Attorney Blog | North Carolina Underage Drinking Lawyer | Pitt County First DUI Law Firm


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