Implied Consent Advisory (mnica or Ica)

The Implied Consent Advisory (MNICA or ICA) is a notice used specifically in the state of Minnesota and should be read to a driver by the law enforcement officer prior to requesting them to submit to a chemical test to measure their blood alcohol concentration or BAC. Other states may have similar statements which they require their law enforcement officers to read prior to performing a chemical test.

The Implied Consent Advisory (MNICA or ICA) outlines the rights and laws which pertain to the administration of the blood, breath or urine test. Tests are given after a law enforcement officer has established probable cause to support the allegation that the driver is operating a motorized vehicle under the influence of drugs or alcohol. Drivers who refuse to submit to the chemical test can have their license revoked for one year under Minnesota's implied consent laws.

Implied Consent Advisory (MNICA or ICA) states the following:

• Minnesota DUI law requires driver to take the chemical test to determine if they are driving or operating a motorized vehicle under the influence of drugs or alcohol.
• If the driver refuses to take the chemical test it is considered a crime.
• The driver has the right to talk to a DUI lawyer within a reasonable amount of time prior to consenting to the chemical test.

Minnesota drivers must be informed of their rights prior to taking the chemical test unless the driver is involved in an accident which has caused injuries and there are charges of vehicular homicide. Drivers who are unconscious or unable to refuse the chemical test are assumed to have consented, and the test will be administered without the reading of the Implied Consent Advisory.

DUI attorneys can help determine if the law enforcement officers read the Implied Consent Advisory and properly administered the chemical tests. DUI lawyers can also review other DUI arrest procedures to ensure no errors were made in the DUI arrest.