He was eventually given the test and arrested.
It's been a roller coaster Christmas for Terry Paul.
Her son Keith was off duty and riding in a car driven by his partner of the NYPD Rafael Casiano early Friday morning. The two were coming from a Christmas party for their precinct.
Casiano lost control and hit the median on the Cross Bronx Expressway.
He was arrested and charged with DWI and vehicular assault.
Officer Paul was rushed to the hospital.
"He had a laceration on his forehead and damage to his liver," said Terry Paul.
His partner Casiano has been suspended and internal affairs is now investigating why it took 9 hours for other officers to take his blood alcohol level.
A statement from the NYPD reads "Despite the delay, IAB, after interviewing the EMT and medical staff and obtaining a warrant for the subject's blood, made the determination that he was unfit for duty, arrested him for DWI and suspended him."
Officers Casiano and Paul have been friends and partners for years.
They are assigned to the housing bureau.
Officer Paul's mother says her son remembers nothing about the accident.
Get Eyewitness News Delivered