Officer Who Failed Breathalyzer Test Cleared

A police officer who failed a Breathalyzer test after shooting a suspect in Queens will not face any disciplinary measures.

"Detective Davison did an outstanding job," Commissioner Raymond Kelly said yesterday at a press conference in Brooklyn. "He did everything we would ask a police officer to do."

The move came a day after Mayor Bloomberg expressed his support for the officer, Ivan Davison, 44, who had been placed on modified duty and relieved of his firearm after the shooting. With Mr. Kelly's decision, Detective Davison will be restored to full duty.

The incident occurred early Sunday morning, when, according to police, Detective Davison broke up a gang assault in Queens and, after being fired upon, shot his attacker twice. The wounded suspect, Stephon Allston, 22, was arrested and charged with attempted murder.

Under police regulations instituted last year in response to the 2006 shooting death of Sean Bell, Detective Davison was administered a Breathalyzer test after the incident, which showed his blood alcohol level to be over the state sobriety limit of 0.08. According to Mr. Kelly, the officer was relieved of his weapon and placed on modified duty after he refused to consent to additional testing. He is the first officer to test positive for alcohol use since the requirement went into effect.

The Patrolmen's Benevolent Association has argued that the mandatory Breathalyzer test should be dropped, saying that it discourages off-duty police officers from taking action to stop a crime, as Detective Davison did.

Mr. Kelly said yesterday that the Davison decision demonstrated that the police department would examine more than just Breathalyzer results in evaluating officers' performances after an incident.

"We look at the totality of circumstances for the particular event, and that's what should happen in this situation," Mr. Kelly said.