Court Upholds NYPD Policy That Cops Take Breathalyzer After Firing Weapon

A federal appeals court has upheld a controversial NYPD policy requiring officers who've fired their guns to immediately take a sobriety test. The police union and the PBA challenged the policy.

November 18, 2013

A federal appeals court has upheld a controversial NYPD policy requiring officers who've fired their guns to immediately take a sobriety test, reports the New York Daily News.

The NYPD's Interim Order 52 calls for alcohol testing when any officer, "on or off-duty, is involved in a firearm discharge within New York City which results in injury to or death of a person."

The police union challenged the policy, contending the "warrantless, suspicionless Breathalyzer testing" was a violation of its members' privacy interests. The Patrolmen's Benevolent Association also protested.

Al O'Leary, a spokesman for the PBA, said the union is "reviewing the decision and considering our options."

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