This is an archived article and the information in the article may be outdated. Please look at the time stamp on the story to see when it was last updated.

ST. LOUIS, MO (KTVI) – If an officer suspects you are driving in St. Louis City under the influence of alcohol, you can refuse a breath test.  But, you might face a blood test whether you consent or not.

City Circuit Attorney Jennifer Joyce, Police Chief Sam Dotson and Fire Chief Dennis Jenkerson planned a press conference Monday afternoon to announce a “No Refusal Zone” across St. Louis.

This issue has already been through the U.S. Supreme Court.

Missouri law says you can refuse to give a breath test, if police pull you over and suspect that you are driving drunk. But, the law does not protect you from certain consequences. Neither does a recent ruling by the nation’s highest court.

In Cape Girardeau County, an officer arrested Tyler McNeely in October 2010 for suspicion of DUI.  McNeely refused to take a breath test. An officer took McNeely to the hospital and had his blood drawn, without a warrant.

Eight of the nine Supreme Court justices said that action violated the suspect’s fourth amendment protection from unnecessary search and seizure. Justice Sonya Sotomayor stated that police must first seek a search warrant for that blood. It looks like city officials plan to do that, each and every time a suspect refuses a breath test.

We also heard from Wentzville, Mo. Judge Mike Carter.  He was found not guilty of DWI.  In a written statement, he applauded the city’s efforts to catch drunk drivers.  But, he called seeking a warrant for a blood test for each and every refusal “disturbing”.

http://www.supremecourt.gov/opinions/12pdf/11-1425_cb8e.pdf

Friend me on Facebook:  https://www.facebook.com/KimHudsonTV
Follow me on Twitter: https://twitter.com/kimhudsontv
Email me:  kim.hudson@tvstl.com