St. Louis County implemented a no-refusal policy for driving while intoxicated (DWI) arrests in November 2025, changing the landscape for both prosecutors and defendants. Under the new policy, individuals arrested on suspicion of DWI can no longer refuse a breath test, a departure from previous practice where drivers could decline after hearing Missouri's implied consent warning. The St. Louis County Prosecuting Attorney's Office, in partnership with Mothers Against Drunk Driving (MADD), announced the change to ensure prosecutors have chemical evidence of a driver's blood-alcohol level, closing what they view as a loophole.
Previously, a refusal complicated prosecution by allowing defense counsel to argue alternative explanations such as fatigue or the unreliability of field sobriety tests. Now, 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 blood-alcohol concentration above 0.08 percent. All administrative suspensions may be appealed by a DWI attorney.
Brendan Block, a St. Louis-area criminal defense attorney with B. Block Law LLC, said 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," Block said. 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 about hospitals being overwhelmed or unable to perform timely blood draws, medical personnel refusing due to liability concerns, and delays caused by obtaining judicial warrants, especially overnight. DWI filings in St. Louis County increased by nearly 40 percent from 2024 to 2025, with 498 cases filed in 2024 and a significant rise in 2025.
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. For more information, visit the firm's website.
