St. Louis County implemented a no-refusal policy for driving while intoxicated arrests in November 2025, eliminating the option for drivers to decline breath tests after arrest. The policy change, developed in partnership with Mothers Against Drunk Driving (MADD), aims to strengthen DWI prosecutions by ensuring chemical evidence of intoxication is obtained in every case.
Prior to this policy, drivers arrested for DWI could refuse breath testing after hearing Missouri's implied consent warning, which states that refusal results in a one-year driver's license suspension. This refusal sometimes complicated prosecutions, as defense attorneys could argue alternative explanations for driver behavior without chemical evidence of blood-alcohol concentration.
The new policy attempts to close perceived loopholes by ensuring prosecutors have scientific proof of intoxication. Prosecutors have emphasized that Missouri's emphasis on demonstrable evidence makes chemical testing crucial for successful DWI cases.
Drivers now face potential dual license suspensions from a single stop: a one-year suspension for refusing a breath test and an additional 90-day suspension if subsequent blood testing shows blood-alcohol concentration above 0.08 percent. All administrative suspensions may be appealed by a DWI attorney, including refusal suspensions and those based on alleged test results above the legal limit.
According to Brendan Block, a St. Louis-area criminal defense attorney, the policy shifts legal focus to procedural compliance. "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 now concentrate on cross-examining officers, reviewing police reports, and evaluating whether blood draws and testing complied with legal requirements.
Critics have raised concerns about hospitals being overwhelmed, medical personnel refusing blood draws due to liability concerns, and delays in obtaining judicial warrants, particularly during overnight hours. Block identifies timing as the most significant challenge, noting that blood-alcohol concentration decreases over time. "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," Block explained.
DWI filings in St. Louis County have increased substantially since the policy implementation. Prosecutors filed 498 DWI cases in 2024, with filings increasing by nearly 40 percent in 2025 following the policy change. This increase demonstrates the policy's immediate impact on DWI enforcement and prosecution rates in the county.
The policy represents a significant shift in DWI enforcement strategy with implications for drivers, legal professionals, and public safety. While intended to strengthen DWI cases through mandatory chemical evidence, the policy introduces new procedural challenges and potential consequences for drivers facing dual license suspensions from single incidents.
