CLOVIS, N.M. (KRQE) – Prosecutors will have to retry a serial drunk driver if they want the latest charges to stick but that might not be possible. A court of appeals overturned Randall Pruitt‘s convictions on his eighth DWI charge which sent him to prison for 12 years.

Deputies caught up with Pruitt at his house after he allegedly rammed his car into his neighbor’s but he was already inside at the time. The court ruled that because a deputy didn’t have a warrant he had no right to pull Pruitt out of his house by the arm.

They also ruled there were problems with the jury instructions. Prosecutors say the only option, at this point, is to retry Pruitt if they can find enough admissible evidence; That determination has not yet been made.