County Attorney John Fleming is out for intoxicated drivers' blood.

During the July 4 weekend, law enforcement officers can obtain a search warrant to test a driver's blood for evidence of intoxication, even if the driver refuses to submit to a breathalyzer or field sobriety test. The "no-refusal" weekend will begin at 5 p.m. today and continue until 5 p.m. Sunday, July 5.

This is the second time Fleming has instituted a no-refusal weekend since taking office in January. The previous weekend, which took place over Memorial Day weekend, yielded four search warrants for blood tests, Fleming said.

Fleming said there is a common misconception that drivers can refuse to blow into a breathalyzer without any consequences.

"It's incorrect to say that one has a right to refuse to blow into a breathalyzer. It's not an absolute right by any means, because it comes with a punishment," Fleming said. Drivers suspected of driving while intoxicated could lose their license if they refuse to submit to tests. Also, drivers give their consent to intoxication tests when getting their license.

Some counties in the state, such as Colorado and Liberty counties, have year-round no-refusal policies, though Nacogdoches County has to designate no-refusal weekends due to the relatively small number of judges available to sign search warrants. Only Court-at-law Judge Jack Sinz and District Court Judges Ed Klein and Campbell Cox can sign the affidavits, Fleming said.

"I'd love it if we could be a no-refusal county all the time, but our resources don't allow us to go that far at this point," Fleming said.

Sinz will sign a blood search warrant on a case-by-case basis, even when it is not a no-refusal weekend, Fleming said, though he is not always available. Fleming has plans for more no-refusal weekends in the future, including over Labor Day weekend and the days surrounding homecoming celebrations at SFA.

"We'll definitely target the weekends when people might be inclined to be a little bit more reckless," Fleming said.