I didn't understand it either but how did he get breathalised if only he and the Captain knew ?
Did the Captain ask for him to be breathalised ?
From the DA's earlier press release about the conviction:
...The captain of Flight 7687, Robert Obodzinski, sat in close proximity to Cope in the cockpit. Obodzinski testified that although Cope appeared to be thinking and speaking clearly, every few minutes during the flight he detected an unusual odor, which he eventually concluded was the smell of an alcoholic beverage. Upon arriving at the gate at Denver International Airport (DIA), Obodzinski leaned over and “took a big wiff.” Obodzinski testified that he concluded that the smell of an alcoholic beverage was emanating from Cope.
According to the facts presented during the trial, Obodzinski contacted dispatch to delay the departing 8:00 a.m. flight until the issue was resolved. While Cope went outside to conduct a post-flight inspection, Obodzinski spoke by phone with the acting chief pilot of the airline, his union representative, and a Human Resources Manager for Republic Airways, the parent company of Shuttle America. Once Cope returned to the cockpit, Obodzinski reportedly told him, “if you have any problem taking a breathalyzer, call off sick and get out of here,” to which Cope replied, “well, I guess I better call off sick then.” Obodzinski was directed by his company to escort Cope to an alcohol testing facility in DIA’s main terminal.
At the testing facility, according to testimony, Cope stated that he had gone to a bar with a friend and also purchased beer from a gas station near the hotel. On December 8, 2011, at 10:33 a.m. Cope was administered a breathalyzer test, which reflected his alcohol content was .094. At 10:54 a.m. a second “confirmation” test was administered, which reflected a .084 percent alcohol content.
United Express pilot found guilty of operating an aircraft under the influence of alcohol