A New York woman is suing police for failing to arrest her drink-driving son before he crashed and died.

Peter Fedden crashed his car in July last year and was then taken home by police.

Despite being heavily intoxicated, he then got into another car and crashed into a building and died.

His mother Kathi Fedden says if officers had arrested him after the first crash he would not have lost his life.

She's seeking $38 million in damages.