A Manhattan judge has tossed a lawsuit by police unions complaining that mandatory Breathalyzer tests for officers who had used their guns violated collective bargaining agreements.
Judge Paul Wooten wrote that “The New York City Police Commissioner has full authority to institute and impose a new policy requiring all police personnel to automatically undergo blood alcohol testing in all cases where police personal discharge a weapon that results in injury or death.”
He said the breath tests were a necessary tool to “investigate accusations of malfeasance as a matter of public policy and safety.”
Wooten noted that EMS workers are subject to similar testing.
The plaintiffs in the 2012 suit– the Sergeants and Patrolmen’s Benevolent Associations– lost a similar case in federal appeals court last year.
The policy was adopted in 2008 after the Sean Bell shooting in Queens where one detective—who never used his weapon– had been drinking before the incident.
The city’s law department was happy with the decision.
“We are pleased that the state court, along with other recent courts, has recognized the Police’s Department’s right to test an officer’s sobriety when he or she is involved in a shooting incident,” said city attorney Eric Eichenholtz.
The union said they would appeal calling the tests “a very important issue.”