St. Louis County implemented a no-refusal policy for driving while intoxicated arrests in November 2025, fundamentally changing how DWI cases are prosecuted in the region. The policy, developed in partnership with Mothers Against Drunk Driving (MADD), eliminates the option for arrested individuals to refuse breath tests after officers read Missouri's implied consent warning. Previously, drivers could decline testing after hearing that refusal would result in a one-year license suspension, creating what prosecutors viewed as loopholes in DWI cases.
The policy shift addresses what prosecutors described as evidentiary challenges in DWI prosecutions. Before November 2025, defense attorneys could argue alternative explanations for a driver's behavior when chemical test results were unavailable, citing factors like fatigue, exhaustion, or the subjective nature of field sobriety tests. The new approach ensures prosecutors have scientific evidence of blood-alcohol concentration, aligning with Missouri's emphasis on demonstrable proof in legal proceedings.
Drivers now face potentially severe administrative consequences under the updated enforcement framework. A single traffic stop can result in two separate license suspensions: a one-year suspension for refusing a breath test and an additional 90-day suspension if subsequent blood testing reveals a blood-alcohol concentration above 0.08 percent. These dual penalties represent a significant escalation that may influence driver behavior during traffic stops. All administrative suspensions, including those based on refusal or test results exceeding legal limits, remain subject to appeal through legal representation.
According to criminal defense attorney Brendan Block, the mandatory testing policy shifts the legal focus to procedural compliance and evidence integrity. "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 explained. 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. For more information about legal implications, visit https://www.bblocklaw.com.
The policy has produced measurable effects on DWI case filings in St. Louis County. Prosecutors filed 498 DWI cases in 2024, but filings increased by nearly 40 percent following the policy implementation in 2025. This substantial rise indicates both increased enforcement effectiveness and potential expansion of prosecutable cases under the new evidentiary standards.
Practical challenges have emerged alongside the policy's implementation. Critics have raised concerns about hospitals becoming overwhelmed or unable to perform timely blood draws, medical personnel refusing procedures due to liability concerns, and delays in obtaining judicial warrants during overnight hours. Block identifies timing as the most significant challenge in blood-draw cases, noting that blood-alcohol concentration decreases as time passes. "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," Block stated.
The policy represents a significant shift in DWI enforcement strategy with implications for legal professionals, law enforcement, and drivers throughout St. Louis County. As the legal community adapts to these changes, questions about procedural compliance, evidence collection timelines, and constitutional protections will likely shape future DWI litigation and policy discussions.
