HONOLULU -- A federal court decision in West Virginia on Thursday could impact the controversial random drug testing of Hawaii's public school teachers.

A federal judge in West Virginia ruled that random testing is unconstitutional.

The West Virginia ruling is a decisive blow to the Gov. Linda Lingle's attempts to implement the teachers' drug testing program in Hawaii, the American Civil Liberties Union said.

Although there is a difference in the way the drug testing issue came about in West Virginia and Hawaii both the ACLU and the teacher's union are claiming victory.

Hawaii's public schoolteachers ratified a contract in 2007 that increased their salaries in exchange for random drug testing. The program has not started.

The controversial issue currently sits before the Circuit Court.

While this ruling by a federal judge in West Virginia was struck down because it was declared unconstitutional, it did not break any new legal ground, the ACLU said.

"But it was not notable for how emphatic and how thorough the judge was in ruling that the program was unconstitutional," ACLU staff attorney Daniel Gluck said.

The 37-page ruling said teachers' constitutional right to privacy "outweighed the government's interest in drug testing all public school employees without cause." It also said the policy acted to "significantly and inaccurately expand the definition of safety sensitive employees."

The U.S. Supreme Court previously ruled those jobs include air traffic controllers, nuclear power plant operators and pilots.

Gluck said those jobs employ "individuals who with a moment of distraction could cause catastrophic consequences."

The West Virginia ruling confirms you cannot bargain away the constitutional rights of public school teachers, Hawaii State Teachers Association Director Roger Takabayashi said.

"A majority of teachers actually didn't vote on the contract. It was put upon them at the very last minute, without any discussion whatsoever," Gluck said.

There is a difference in the way the drug testing issue emerged in Hawaii and West Virginia.

A West Virginian school board adopted the policy. In Hawaii's case, Lingle and the teachers union included the policy in their negotiated contract.

"It is a little bit different, but it doesn't make that much of a difference legally. The government can't impose an unconstitutional search on its employees. Nor can it try to bribe or threaten its employees to get what it wants from collective bargaining," Gluck said.

KITV's calls to Lingle's office were not returned on Thursday evening.