Opinion No.

The Honorable David Gibbons Prosecuting Attorney Fifth Judicial District Post Office Box 3080 Russellville, Arkansas 72811

Dear Mr. Gibbons:

I am writing in response to your request for an opinion on two questions, as follows:

Do the provisions of ACA 5-65-108 and 5-4-301(a)(1)(D) effectively preclude persons accused of DWI offenses from being placed in a Pre-Adjudication Drug Court Program created by ACA 16-98-301 et seq.?

Do the provisions of ACA 5-65-108 and 5-4-301(a)(1)(D) effectively preclude persons accused of DWI offenses from being placed in a Post-Adjudication Drug Court Program created…