The St. Louis Metropolitan Police Department and the St. Louis Circuit
Attorney have instituted a "
No Refusal" policy in the City of St. Louis. Under this policy, a driver who
has been pulled over and is suspected of
driving while intoxicated (DWI) in the City of St. Louis will first be offered the opportunity to submit
to a breathalyzer test. However, if a person refuses to submit to a breath
test, police officers will now seek a search warrant from a judge to draw
the person's blood.
The perception among many people is that they should refuse to submit to
a breathalyzer test under any circumstances. While this may be true in
certain circumstances and in certain jurisdictions, this isn’t what
we routinely recommend, especially in light of this policy change. Unlike
many jurisdications in the St. Louis area, when a person refuses a breathalyzer
test, a first time offender would likely lose their license for one year.
A drastic penalty for most people who work and have to support families.
This is true where BAC results are obtained by a blood test as the Department
of Revenue still treats it as a refusal. So the practical effect of the
new policy will be the longer license suspensions reserved for people
who have refused the breath test and the prosecutors still get the BAC
results they are seeking.
If you are charged with Driving While Intoxicated in the City of St. Louis,
St. Louis County, Jefferson County, St. Charles or Franklin County, give
the attorneys at Millikan Wright, LLC a call for a