In November 2025, St. Louis County implemented a no-refusal policy for driving while intoxicated (DWI) arrests, a change that local defense attorneys say significantly alters the legal landscape. The St. Louis County Prosecuting Attorney's Office, in partnership with Mothers Against Drunk Driving (MADD), announced that individuals arrested on suspicion of DWI can no longer refuse a breath test. Previously, drivers could decline testing after hearing Missouri's implied consent warning, which advises of a one-year license suspension for refusal.
The policy aims to close perceived loopholes by ensuring prosecutors have chemical evidence of a driver's blood-alcohol concentration. According to the announcement, Missouri's emphasis on demonstrable evidence—the "Show-Me State" motto—supports this shift toward mandatory testing. As a result, drivers 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 BAC above 0.08 percent. These administrative suspensions can be appealed by a DWI attorney.
Brendan Block, a St. Louis-area criminal defense attorney, noted that 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 in a statement. Defense attorneys can cross-examine arresting officers, review police reports, and evaluate whether blood draws and testing complied with legal and constitutional requirements.
Critics have raised concerns about practical challenges, including hospitals being overwhelmed or unable to perform timely blood draws, medical personnel refusing draws due to liability concerns, and delays caused by obtaining judicial warrants, especially during overnight hours. DWI filings in St. Louis County have increased since the policy change: in 2024, prosecutors filed 498 DWI cases, and in 2025, filings increased by nearly 40 percent, according to the press release.
Block highlighted timing as a major challenge. "A driver's blood-alcohol concentration decreases as time passes," he said. "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."
For more information on the policy and its implications, visit the press release or the website of B. Block Law LLC.
