EAST FLATBUSH - An NYPD officer who allegedly was driving drunk when he struck and killed a woman in East Flatbush is out on bail as a police probe continues.

The investigation involving Officer Andrew Kelly has hit a snag because of an apparent time lapse between when the accident happened early Sunday and when a blood test was administered. Police say the alleged incident happened at 1:10 a.m. and Kelly was arrested at 2 a.m.

Police say a warrant for Kelly's blood test was signed at 5:45 a.m. and the doctor arrived at the hospital at 7 a.m.

"The doctor on duty there refuses to administer the blood test because he was under the mistaken impression that he didn't have the person's consent to do it," says NYPD Commissioner Raymond Kelly.