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A former Nassau police official was sentenced to probation and community service yesterday for a drunken-driving crash alcohol tester, a penalty that came after responding officers failed to draw a blood sample from the official at the scene.

Vincent Muscarnera, who retired early this year from the Nassau County Police Department at the rank of inspector, waived his right to speak in the Hempstead courtroom of District Judge Francis Ricigliano.

In a plea agreement, Muscarnera, 58, was sentenced to three years' probation and community service

"This ended a very noteworthy career alcohol detector that he would have much rather ended some other way," said his attorney, Brian Davis of Garden City. "But it is what it is, and he's very sorry it ended this way."

Muscarnera did not respond to a request for comment.

The veteran officer originally was charged with DWI after he crashed his unmarked cruiser on Jericho Turnpike in Westbury on July 11, 2006, after leaving a colleague's retirement party. He was taken to Nassau University Medical Center breathalyzer with head injuries.

Responding officers did not take a blood sample from the injured inspector at the time, but a police internal affairs unit alcohol test reviewed the incident later.

Nassau prosecutors used a search warrant to test blood breath alcohol tester taken from the injured inspector at the hospital that showed his blood-alcohol level was .21 percent. The legal limit is .08.

Ricigliano threw that evidence out in May, ruling that the search violated doctor-patient privilege.

As part of his sentence, Muscarnera Mini Electronic Cigarette must serve 50 hours of community service, attend a victims' impact session, and pay a $ 1,500 fine. He also lost his driver's license for 90 days and will have to keep an alcohol sensor  ignition lock system on his car during his probation.

Yesterday's plea deal tempers the record of District Attorney Kathleen Rice, who has made aggressive prosecution of drunk drivers a hallmark of her tenure.

Rice spokesman Eric Phillips said the judge's previous decision to throw out the blood evidence hampered the case.

"Using a search alcohol analyzer warrant to obtain blood is clearly not ideal, but it is absolutely necessary in instances where the police department doesn't collect a sample," Phillips said.

Nassau court spokesman Electronic Cigarette  responded that the district attorney's office did not appeal that decision, and that neither of the plea deals agreed to by prosecutors included jail time.

"The judge had the discretion of a conditional discharge or probation, and his sentence was the stricter of the two," Bagnuola said.