Opinion No.

The Honorable Marion A. Humphrey Circuit Judge, Sixth Judicial District, First Division 401 West Markham, Room 420 Little Rock, Arkansas 72201

Dear Judge Humphrey:

This official Attorney General opinion is rendered in response to a question you have raised concerning mandatory sentencing under the Omnibus DWI Act of 1983 (A.C.A. § 5-65-101 et seq.). You have asked:

Can electronic monitoring be used in lieu of a mandatory prison sentence for a criminal defendant convicted of a fourth violation of the Omnibus DWI Act of 1983?

It is my opinion that electronic monitoring cannot be used in lieu of a…