In November 2025, St. Louis County implemented a no-refusal policy for driving while intoxicated (DWI) arrests, prohibiting individuals arrested on suspicion of DWI from refusing a breath test. The policy, announced by the St. Louis County Prosecuting Attorney's Office in partnership with Mothers Against Drunk Driving (MADD), aims to close perceived loopholes by ensuring prosecutors have chemical evidence of a driver's blood-alcohol concentration. Prior to this change, drivers arrested for DWI could refuse a breath test after being read Missouri's implied consent warning, which advises that refusal results in a one-year driver's license suspension. This refusal often complicated prosecution, as defense counsel could argue alternative explanations for impairment.
Under the new policy, drivers may now 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 blood-alcohol concentration above 0.08 percent. All administrative suspensions may be appealed by a DWI attorney, including refusal suspensions and those based on breath or blood test results above the legal limit.
According to Brendan Block, a St. Louis-area criminal defense attorney, 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 blood draws due to liability concerns, and delays caused by the need to obtain judicial warrants, particularly during overnight hours. 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 facing 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."
Drivers facing DWI charges under Missouri's updated enforcement policies are encouraged to understand their rights and act quickly. The policy represents a significant shift in DWI enforcement, with implications for both prosecution and defense strategies.
