MIAMI BEACH -

A former Miami Beach police officer accused of drinking on the job and crashing his ATV was challenging the legality of his blood alcohol test.

Derick Kuilan filed a grievance with the city of Miami Beach. He said his termination was, ?based on the results of an illegal forcible blood alcohol test?.

Kuilan wanted his job back and wanted back pay, according to the grievance.

"We are all standing behind the firing," said Mayor Matti Herrera Bower.

In July, Kuilan and former officer Rolando Gutierrez were photographed partying with women at a bachelorette party at the Clevelander. The officers were both in uniform and on-duty.

Kuilan then gave the bachelorette a ride on his city issued ATV.

That joyride ended with two people being run over; they were seriously injured.

Authorities said both officers had been drinking. Both were fired.

Kuilan was charged with reckless driving and driving under the influence with serious bodily injury.

Kuilan's attorney said he will challenge the reliability, validity and accuracy of the blood alcohol test.

Kuilan's test was administered five hours after the crash and authorities said he was still above the legal limit.

"As far as I know at this point in time there is no surveillance at all that shows him drinking any alcoholic beverages at the Clevelander, which is the main contention," said attorney Evan Hoffman.

When asked by Local 10 if Kuilan was saying he wasn't drinking at all that night, the attorney answered, "we have no comment as far as that goes."

Kuilan is scheduled to be arraigned on Thursday morning. He is pleading not guilty to the charges.