OMAHA, Neb. (AP) — The Nebraska Supreme Court has vacated the conviction of a Wayne man for refusing to submit to a blood test following his arrest on suspicion of drunken driving. The ruling cites a U.S. Supreme Court decision last year that places limits on such state laws.

But Friday’s opinion did not strike down the Nebraska law, which criminalizing a person’s refusal to submit to a blood test without a warrant. Defense attorney George Babcock says that goes against the U.S. Supreme Court ruling. Babcock said Friday he’s now considering appealing the ruling to the U.S. Supreme Court in an attempt to have the state law declared unconstitutional.

The case stems from the 2013 arrest of 55-year-old Ricky McCumber after he refused to submit to a preliminary breath test and blood test.