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FAQ: St. Louis County's No-Refusal DWI Policy - What You Need to Know
TL;DR
St. Louis County's no-refusal DWI policy gives prosecutors a strategic advantage by securing chemical evidence, making convictions more likely and complicating defense strategies.
The policy mandates breath tests upon arrest, with refusal triggering a one-year license suspension and potential additional suspension if a blood test shows BAC above 0.08%.
This policy aims to reduce drunk driving by strengthening enforcement, potentially making roads safer and preventing alcohol-related accidents in St. Louis County.
DWI cases in St. Louis County increased nearly 40% after the policy change, but delayed blood draws can still lead to dismissed cases due to decreasing BAC levels.
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The policy, implemented in November 2025, means individuals arrested on suspicion of DWI in St. Louis County are no longer permitted to refuse a breath test, ensuring prosecutors have chemical evidence of blood-alcohol levels.
The policy was implemented to close perceived loopholes in DWI cases where refusal of breath tests complicated prosecutions by allowing defense attorneys to argue alternative explanations without chemical evidence of intoxication.
Drivers may 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 BAC above 0.08%.
The St. Louis County Prosecuting Attorney's Office announced the policy in partnership with Mothers Against Drunk Driving (MADD).
Challenges include hospitals being overwhelmed or unable to perform timely blood draws, medical personnel refusing due to liability concerns, and delays in obtaining judicial warrants, particularly during overnight hours.
DWI filings in St. Louis County increased by nearly 40% in 2025 compared to 2024, when prosecutors filed 498 DWI cases.
According to defense attorney Brendan Block, defense counsel focuses on whether proper procedures and training were followed, cross-examining officers, reviewing police reports, and evaluating whether blood draws and testing complied with legal requirements.
Yes, 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.
Blood-alcohol concentration decreases over time, so delays in obtaining blood draws can hurt prosecutions, as demonstrated by a case where a 2.5-hour delay resulted in a 0.03% BAC reading and dismissal.
Given the increased penalties and mandatory testing, individuals should consult with a DWI attorney who can help navigate the legal process, challenge procedures, and appeal any license suspensions.
Curated from 24-7 Press Release
