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STATE OF MINNESOTA IN COURT OF APPEALS A09-418 State of Minnesota, Respondent, vs. Robert William Sterling, Appellant. Filed May 18, 2010 Affirmed Harten, Judge Watonwan County District Court File No. 83-CR-08-512 Lori Swanson, Attorney General, St. Paul, Minnesota; and LaMar Piper, Watonwan County Attorney, Kevin C. Lin, Assistant County Attorney, St. James, Minnesota (for respondent) Allen P. Eskens, Eskens Gibson and Behm Law Firm, Mankato, Minnesota (for appellant) Considered and decided by Ross, Presiding Judge; Stoneburner, Judge; and Harten, Judge. SYLLABUS 1. When an Intoxilyzer measures a suspect's alcohol concentration but does not

provide a printout of the alcohol concentration, the attending officer may request the suspect to provide a blood or a urine sample for another type of test.



Retired judge of the Minnesota Court of Appeals, serving by appointment pursuant to Minn. Const. art. VI,

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