St. Louis County implemented a no-refusal policy for driving while intoxicated arrests in November 2025, fundamentally changing how DWI cases are handled in the region. The policy, announced by the St. Louis County Prosecuting Attorney's Office in partnership with Mothers Against Drunk Driving (MADD), eliminates the option for individuals arrested on suspicion of DWI to refuse a breath test after hearing Missouri's implied consent warning.
Prior to this change, drivers could decline testing after being informed that refusal would result in a one-year driver's license suspension. This refusal often complicated prosecution cases by eliminating state-approved chemical evidence of blood-alcohol concentration. Defense attorneys could argue alternative explanations such as fatigue, exhaustion, or the unreliability of field sobriety tests without definitive proof of intoxication.
The new policy aims to close perceived loopholes by ensuring prosecutors have scientific evidence of a driver's blood-alcohol level. In Missouri, where demonstrable evidence is emphasized, prosecutors state this policy ensures intoxication is supported by chemical proof. The immediate impact has been substantial, with DWI filings increasing by nearly 40 percent from 498 cases in 2024 to significantly more in 2025 following the policy implementation.
Drivers now face potentially 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 blood-alcohol concentration above 0.08 percent. This double penalty represents a significant escalation in consequences that may influence driver behavior regarding test refusal.
According to Brendan Block, a St. Louis-area criminal defense attorney, the role of defense counsel becomes more critical under the mandatory testing regime. "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 arresting officers, reviewing police reports, and evaluating whether blood draws and testing complied with legal and constitutional requirements.
Critics have raised several concerns about the policy's implementation. Hospitals may become overwhelmed or unable to perform timely blood draws, medical personnel might refuse blood draws due to liability concerns, and obtaining judicial warrants during overnight hours could cause significant delays. Block identifies timing as the biggest challenge, noting that "a driver's blood-alcohol concentration decreases as time passes." He cited a recent case where a two-and-a-half-hour delay resulted in a 0.03 percent BAC reading and subsequent dismissal, illustrating how procedural delays can undermine prosecution efforts.
All administrative suspensions, including refusal suspensions and those based on alleged breath or blood test results above the legal limit, may be appealed by a DWI attorney. The policy shift represents a significant change in Missouri DWI enforcement that affects drivers, legal professionals, and the criminal justice system. For more information about legal implications, individuals can visit the firm's website.
