I'm not making any comment on the current case in NY, however it may have some bearing on the previous case in Norway where the crew had a positive breath test and (according to previous posts on PPRUNE) some or all had neg blood tests.
If you do get breath tested, be it for whatever reason, dont have it done in the cockpit. The breath test machines are not shielded from electrical interferance. So there is a chance that radio transmissions be it from acars or wherever could give a false positive. My advice is insist on a
private room off the aircraft.
Bit of a ramble and before anyone asks no i dont have any proof of this other than anecdotal evidence from a police officer friend of mine who says his machine always goes straight to red if he transmitts on his personal radio while the suspect is doing the test.
Daysleeper
Bingle Jells all the way.