A Broadhead man faces homicide by intoxicated use of a motor vehicle charges, despite a recent supreme court decision.
Authorities say 33-year-old Sean Waterman was drunk on the night of the September 2012 crash in the town of Spring Valley.
Waterman's passenger, Douglas Axelson was killed, and a blood draw at an Illinois hospital revealed he had a blood alcohol concentration of .182.
After a supreme court ruling in April 2013 found that law enforcement must obtain a search warrant to do a blood draw, Waterman's attorney argued that the blood test should be thrown out.
Judge Richard Werner disagreed on Wednesday, ruling that the Supreme Court decision would not be applied retroactively, and that officers at the time acted in good faith based on the law.