Opinion No.

The Honorable Cecil A. Tedder Circuit Judge, Seventeenth — East Judicial District Wilbur D. Mills Courts Building 301 West Arch Searcy, AR 72143

Dear Judge Tedder:

This is in response to your request for an opinion regarding the role of the presentence screening report in DWI cases involving a jury trial. You have asked several questions in this regard, which are restated and addressed below. An initial discussion of the relevant law is necessary prior to addressing your questions.

The Omnibus DWI Act, A.C.A. § 5-65-101 to -115 (1987) requires a presentence screening report prior to the…