A Marion County judge ruled in favor of prosecutors to begin tests on a second vial of blood drawn from suspended Indianapolis police Officer David Bisard.
Bisard was involved in a 2010 crash in which one person was killed and two people were seriously injured.
The judges ruling followed a motion by prosecutors.
"The state believes that testing the second vial of the defendant's blood to determine the ethyl alcohol content is necessary to affirm the accuracy and authenticity of the initial blood alcohol content results," the motion stated.
The blood evidence drawn from Bisard is the foundation of the state's case against him.
A blood test, administered about two hours after the crash, showed that Bisard, 37, who was on duty at the time, had a blood-alcohol content level of 0.19 percent when he struck motorcyclists stopped at a red light. Eric Wells died in the accident and Kurt Weekly and Mary Mills were injured, RTV6's Jack Rinehart
Although the test showed Bisard was intoxicated at more than twice the legal limit of .08, 67 witnesses told police and FBI investigators that Bisard showed no signs of impairment. That first vial of blood was Bisard's basis of reasonable doubt when the case goes to trial.
Bisard was initially charged with seven felonies, but former Marion County Prosecutor Carl Brizzi withdrew alcohol-related charges after learning standard procedures weren't followed in the way the evidence was procured.
"Seems to me they should be trying to verify the authenticity of the first vial before they boot-strap their argument with something from the second, said John Kautzman, Bisards attorney.
The judge's ruling on Thursday gave the state the authority to conduct DNA testing on the first vial, and it can test the second vial for alcohol and DNA.
Aaron Wells, the father of Eric Wells, has attended nearly every proceeding.
"We hope to find out the truth, if it's his blood and if he's above the legal limit, Wells said. "My family is broken forever. And regardless of this end result, the outcome, it will never be any better for us."
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