ST. LOUIS, MO, January 23, 2026 /24-7PressRelease/ -- In November 2025, St. Louis County changed its enforcement policy and became a no-refusal county for driving while intoxicated (DWI) arrests. The St. Louis County Prosecuting Attorney's Office, in partnership with Mothers Against Drunk Driving (MADD), announced that individuals arrested on suspicion of driving while intoxicated will no longer be permitted to refuse a breath test.
Prior to this policy change, a driver arrested for DWI could decide to refuse a breath test after the officer read Missouri's implied consent warning. Implied consent advises a driver that they are under arrest for driving under the influence, that a chemical test is being requested, and that refusal would result in a one-year driver's license suspension. After hearing this warning, drivers were previously able to decline testing.
Before November 2025, a person arrested for suspicion of driving while intoxicated in St. Louis County was freely allowed to refuse a breathalyzer test. In some cases, this refusal complicated the prosecution's case. Without a state-approved test showing blood-alcohol concentration, defense counsel could argue alternative explanations such as fatigue, exhaustion, the unreliability of field sobriety tests, or the lack of proof beyond a reasonable doubt that the driver was intoxicated.
The new no-refusal policy attempts to close perceived loopholes in DWI cases by ensuring prosecutors have chemical evidence of a driver's blood-alcohol level. Missouri, often referred to as the "Show-Me State," places an emphasis on demonstrable evidence, and prosecutors have stated that this policy ensures intoxication is supported by scientific proof.
As a result of this change, drivers may now face two separate license suspensions from a single stop. A driver can receive 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. This double penalty is significant and may lead some drivers to reconsider refusing an initial breath test.
All administrative suspensions may be appealed by a DWI attorney, including refusal suspensions and suspensions based on alleged breath or blood test results above the legal limit.
According to Brendan Block, a St. Louis-area criminal defense attorney, 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.
Defense attorneys are able to cross-examine arresting officers, review police reports, and evaluate whether blood draws and testing complied with legal and constitutional requirements.
Defense lawyers and critics of the policy have raised concerns, including hospitals being overwhelmed or unable to perform timely blood draws, medical personnel refusing blood draws due to liability concerns, and delays caused by the need to obtain judicial warrants, particularly during overnight hours.
DWI filings in St. Louis County have increased since the policy change. In 2024, prosecutors filed 498 DWI cases. In 2025, filings increased by nearly 40 percent.
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. Individuals with questions about recent DWI law changes may contact Brendan Block at 314-325-4357.
B. Block Law LLC is a Missouri-based criminal defense law firm serving clients throughout St. Louis County and the surrounding areas. The firm focuses its practice on criminal defense matters, including driving while intoxicated (DWI), traffic offenses, and more.
Led by Brendan Block, the firm represents individuals at all stages of the criminal process, from initial arrest through trial and administrative appeals. B. Block Law LLC emphasizes careful review of law-enforcement procedures, constitutional protections, and evidentiary requirements in every case.
The firm regularly handles cases involving implied consent issues, breath and blood testing challenges, and procedural compliance under Missouri DWI law.
For more information, visit the firm's website or contact the office directly.
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