Opinion No.

The Honorable Brent Davis Prosecuting Attorney Second Judicial District 1021 South Main Street Jonesboro, Arkansas 72401

Dear Mr. Davis:

This is in response to Deputy Prosecuting Attorney John Fogleman's request for an opinion on two unrelated questions. The first question pertains to the constitutionality of Act 863 of 1993, which is codified at A.C.A. §§ 5-65-301 to -311 (Repl. 1993) and is entitled the "Underage DUI Law." See A.C.A. § 5-65-301. In his correspondence, Mr. Fogleman indicates that there has been some discussion among defense attorneys that Act 863 may be violative of the equal…