NY Can Require Police to Take Breathalyzer Tests

[Legal Information]

The NY Police Department can require officers who have been involved in a shooting to take breathalyzer tests in order to determine whether their conduct may have been affected by substances such as alcohol. After the 2006 shooting of Sean Bell in Queens, New York, the police put the mandate in place and which has been fought by several police unions. It has also be objected to by the Patrolman's Benevolent Association as a violation of constitutional rights. The ruling judge indicated that the NYPD has an understandable and practical interest in making sure that officers are fit to perform their duties.

 

[disagreeable]

That question would require specific knowledge of the contract under which police officers function. Usually, I would think a drug and alcohol test would be mandatory after an incident. Questioning, would require a union representative, if the officer requests it.