The Indiana Court of Appeals ruled this week that police cannot force drivers who have been involved in accidents to take blood tests.

The court overturned the conviction of a repeat drunk driver who got in an accident in which two people were killed. He was arrested by the Marion County Sheriff's Department which has a policy that directs deputies to take a blood sample from drivers involved in serious crashes, "by force, if necessary."

The court ruled such a policy is a violation of the Fourth Amendment.

The requirements of the Fourth Amendment cannot be lowered based upon the heinousness of the particular crime," Judge Michael Barnes wrote for the court. The ruling said that legally obtaining blood is a "relatively simple matter" that would require officers to ask drivers to voluntarily give blood or obtain a warrant from a judge.

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