PORTLAND, Maine (AP) The Maine supreme court has upheld a blood test that was done without a warrant that led to a drunken driving conviction.

The Portland Press Herald reports the Maine Supreme Judicial Court wrote in an opinion published Thursday that the test Rowe Palmer was subjected to was legal under a “now or never” situation.

The 39-year-old former Farmingdale man was convicted in 2017 of aggravated criminal operating under the influence and aggravated assault in a 2016 head-on crash that severely injured a couple.

Palmer appealed the conviction, arguing his blood was drawn illegally.

The court wrote that the warrant-less seizure was justified because Palmer was scheduled for immediate surgery following the crash.

Palmer is currently serving a three-year prison sentence.