Convicted drunk drivers Tracie Nininger and Jeff Dupree will have their cases heard by the Virginia Court of Appeals.
The pair admitted they were driving under the influence when they drove through a construction zone on Route 419 last year.
They say they should not have been convicted of manslaughter in the death of construction worker Richard Slone.
An appeals court judge denied their appeals in early September. A three-judge panel reversed that decision Wednesday, agreeing to hear both cases on appeal. Dupree got out on bond in August.
While Nininger also appealed her manslaughter conviction, she has remained in prison, and is now housed at Fluvanna while she awaits word from the appeals court.
Nininger and Dupree contend the fatal accident was the fault of the construction company, because the blade of a backhoe had extended into the travel lane as the two drunk drivers drove through.