Police told the Dominion Post the man was "entitled" to refuse to comply with officers who knocked on his door.
The newspaper reported Superintendent Graham Thomas, the head of police prosecutions at Police National Headquarters, had been cleared by a police investigation and was now on six months' paid "medical rehabilitation".
The Weekend Herald reported Mr Thomas had been removed from his position following the investigation into an incident in December.
The former acting Auckland area commander has been on leave since he was asked to take a breath-alcohol test after driving home from a police bar in Wellington, the Herald said.
He was followed home by a volunteer community patrol team, which alerted police to a suspected drink-driver.
Police knocked on Mr Thomas' front door and asked him to take the breath test. It was understood Mr Thomas told an officer he had been drinking at home.
After refusing to take the breath test, Mr Thomas was spoken to by officials at police national headquarters.
It was not an offence to refuse an initial breath-screening test. But a police officer could then require someone to take an evidential breath test. Refusing to take the second breath test was an offence.
Lawyers told the Dominion Post everyone had a right to act within their legal rights. But many members of the public were convicted after being breathalysed in their homes, either because they believed they had to follow police demands or because they felt they should front up to their wrongdoing.
A spokesman for Police Minister Judith Collins said she would not comment on an employment issue.
This is not the first time a senior police officer has been in the limelight over alcohol breath-tests.
In 2000, then Police Commissioner Peter Doone resigned after two top-level reports criticised his conduct on election night in 1999.
Mr Doone spoke to a junior constable who stopped a car driven by his partner. Deputy Commissioner Rob Robinson, who investigated the incident, said Mr Doone's actions were inappropriate.
The State Services Commission recently cleared Police Commissioner Howard Broad after claims he avoided a police breath-test checkpoint 16 years ago.
