Select Page

The Minnesota Implied Consent Advisory

If you are arrested in Minnesota for a DWI or a DUI the police officer will ask you to take a test.  Prior to taking a chemical test to determine if you are under the influence, a police officer will typically read what is known as the Minnesota Implied Consent Advisory (MNICA).  This advisory instructs the suspected impaired driver of their rights and of the pertinent laws surrounding testing.   The MNICA instructs suspected impaired drivers that;

  1. Minnesota law requires you to take a test to determine if you are under the influence of alcohol.
  2. Refusal to take the test is a crime
  3. Before making the decision to take a test you have the right to consult with an attorney.  (This must be done within a reasonable period of time)

There is no requirement that an officer read you these rights, at any particular time or place prior to testing, however, they must inform you of these rights before you take the test. The MNICA is not required to be read if there was an accident with injuries and charges of criminal vehicular homicide or operation.  Further, if the alleged impaired driver is unconscious or otherwise incapable of refusing the test, consent is considered to have been given and the chemical test may be administered.

Needless to say, the criminal trial lawyers at Sieben Edmunds are quickly able to determine if the police followed the proper procedures during your DWI or DUI arrest. Sieben Edmunds, PLLC will relentlessly pursue any errors the police made during your DWI and will use those errors to get you a better result.