New York City officials are reviewing the legal process of determining whether someone was drunk behind the wheel when an accident occurs.

Police Commissioner Raymond Kelly convened a panel Monday after two off-duty officers refused breath tests in separate drunken driving cases where a pedestrian was killed. Both officers were tested hours later by hospital officials who drew blood.

In one case, the test showed no alcohol. The other test is still pending. Both officers were charged with manslaughter.

The process varies by borough. Generally, drivers may refuse a breath test at the scene. They are offered the test again at a precinct, but can refuse. A warrant is then issued and blood is drawn for a blood alcohol test.

Critics say the lag gives drunken drivers time to sober up.