In November 2025, St. Louis County implemented a no-refusal policy for driving while intoxicated (DWI) arrests, a significant shift from previous practice. Under the new policy, individuals arrested on suspicion of DWI can no longer refuse a breath test. The change, announced by the St. Louis County Prosecuting Attorney's Office in partnership with Mothers Against Drunk Driving (MADD), aims to close loopholes that previously allowed drivers to decline chemical testing, complicating prosecution efforts.
Prior to this policy, a driver arrested for DWI could refuse a breath test after hearing Missouri's implied consent warning, which advises that refusal results in a one-year driver's license suspension. By refusing, defense attorneys could argue alternative explanations for a driver's condition, such as fatigue or the unreliability of field sobriety tests. The no-refusal policy ensures prosecutors have chemical evidence of blood-alcohol concentration, providing scientific proof of intoxication.
Under the new rules, drivers face two separate license suspensions from a single stop: a one-year suspension for refusing a breath test and an additional 90-day suspension if a subsequent blood test shows a BAC above 0.08 percent. All administrative suspensions can be appealed by a DWI attorney, as noted by Brendan Block, a St. Louis-area criminal defense attorney. Block emphasizes that the role of defense counsel becomes even more critical under the new policy. 'Once chemical testing becomes mandatory, the focus shifts to whether proper procedures and training were followed and whether the evidence holds up in court,' said Block.
Defense attorneys can cross-examine arresting officers, review police reports, and evaluate whether blood draws and testing complied with legal and constitutional requirements. Critics of the policy have raised concerns, including hospitals being overwhelmed or unable to perform timely blood draws, medical personnel refusing draws due to liability, and delays caused by the need for judicial warrants, especially overnight.
DWI filings in St. Louis County have increased since the policy change. In 2024, prosecutors filed 498 DWI cases; in 2025, filings increased by nearly 40 percent. Block identifies timing as the biggest challenge in blood-draw cases. 'A driver's blood-alcohol concentration decreases as time passes,' said Block. 'I recently handled a case where it took two and a half hours to obtain a blood draw. The result was a 0.03 percent BAC, and the case was dismissed. If blood results are not obtained in a timely manner, it can ultimately hurt the prosecution in some DWI cases.'
The policy underscores Missouri's emphasis on demonstrable evidence, but also raises procedural questions that will likely be tested in court. Drivers facing DWI charges under the updated enforcement policies are encouraged to understand their rights and act quickly.
