No, if you failed a breathalyzer test at work, you may be fired (or, at the employer's choice, something less than fired: e.g. suspended, demoted, furloughed, etc.). While the employer cannot terminate you for simply having a disability, like alcoholism (it is considered a disability for this purpose), you can be fired for your *behavior* at work--and that includes coming into work intoxicated or with alcohal in your system. It does not matter if you'd not had a drink in 8 hours: an employer does not have to tolerate employees coming to work with alcohal in their systems, if it chooses.