A major ruling by an Illinois appeals court declares part of a state law on DUI tests unconstitutional and reverses the first-degree murder conviction of a man accused of fatally striking a mother and injuring her 6-year-old son in Chicago in 2009.

A 2-to-1 ruling by an Illinois Appellate Court this week orders a new trial for Ralph Eubanks. He was convicted in 2014 and sentenced to 40 years in prison in 48-year-old Maria Worthon’s death.

The appeals court found it was unconstitutional to have forced Eubanks without a warrant to give blood and urine tests. Prosecutors could appeal to the Illinois Supreme Court.