Erick Lagunas and Miguel Flores were killed in an accident two years ago. The driver of the other car, Chicago police officer John Ardelean, was not given a sobriety test at the scene.
A judge later threw out DUI and reckless homicide charges ruling the officer was arrested without probable cause.
Right now, drivers involved in serious accidents are only required to take a breathalyzer test if the officer suspects the motorist is under the influence.