MINNEAPOLIS (AP) — A judge says a blood test showing that a Minnetrista father was legally drunk when his SUV crashed through the ice in a Lake Minnetonka channel with his infant daughter inside is admissible in court.

Monday's ruling leaves in question whether the criminal vehicular homicide case against Jonathan Markle will proceed to trial or end with a guilty plea in the drowning death of his 8-month-old daughter, Tabitha.

Judge Jay Quam says the circumstances of the events on Jan. 18 when Markle's SUV went through the ice justified taking his blood without a warrant. The sample showed a blood alcohol level of 0.13 percent, well above the legal limit of 0.08 percent.

Markle's attorney, Joe Friedberg, says he's not certain of their next step.