Randall Weddle was sentenced to 25 years in prison after a jury found him guilty of manslaughter and OUI. Police said that he was drunk when his lumber truck caused a deadly crash in Washington in 2016.
Christina Torres York, 45, and 74-year-old Paul Fowles were killed.
Thursday's hearing focused on a section of the law that allows officers to draw blood at the scenes of fatal crashes.
Weddle's attorney argued that this is unconstitutional but the state prosecutor disagreed.
"There are a number of factors that officers are faced with when they arrive at a scene and oftentimes investigating criminal conduct may not be their highest priority. They may want to help injured people. They may need to help traffic control or different law enforcement function that isn't directly tied to establishing someone is drunk,"
said Assistant Attorney General Jeffery Baroody.
The court heard arguments Thursday but no decision was made at that time.