Opinion No.

The Honorable Paul R. Bosson Prosecuting Attorney 18th Judicial District, East 501 Ouachita Avenue Hot Springs, AR 71901

Dear Mr. Bosson:

I am writing in response to your request for my opinion on the following question:

Does the five-year "look-back" period for enhancing DWI punishments set forth in Act 1077 of 1999 violate the ex post facto clauses of the United States and Arkansas Constitutions, U.S. Const. art. I, § 10 and Ark. Const. art. II, § 17?

You indicate in your request that the Hot Springs Municipal Court has taken the position that this question should be answered in the affirmative…