Suspending sentence of a defendant on DWI cases. In cases of DWI, can a Judge suspend the sentence of a defendant on the provision that his or her record remain clear for a specified period of time? (Re: HB 1001, 74th General Assembly.) Driving while intoxicated. Alcohol. ANSWER: No. Provisio

- STATE OF ARKANSAS OFFICE OF THE ATTORNEY GENERAL JUSTICE BUILDING, LITTLE ROCK 72201 January 24, 1986 (501) 371-2007 ATTORNEY GENERAL OPINION NO. 86~17 The Honorable Bob Teague State Representative P. O. Box 2113 Little Rock, Arkansas 72203 Dear Representative Teague: .. This letter is in response to your request for a formal opinion on the following issue: In cases involving driving while intoxicated, can a judge suspend the sentence of a defendant on the provision that his or her record remain clear for a specified period of time. The Supreme Court of Arkansas has held that sentencing > provisions of the Omnibus DWI Act of 1983 (§§75-2501--75- - 2514) are mandatory. -The "trial courts have no discretion to use alternatives of probation or suspension pursuant to Chapter 12 of Title 41 of Arkansas Statutes Annotated as they may with respect to many other offenses." Harris v. State, 285 Ark. 345, 346, 686 S.W.2d 440 (1985). See also, Lovell v. State, 283 Ark. 425, 678 S.W.2d 318 (1984), reh'g denied 283 Ark. 434<A, 681 S.W.2d 395 (1984). House Bill 1001 of the 75th General Assembly, enacted as Act 967 of 1985 and codified at Ark. Stat. Ann. §§75- 1059, 1060, refers .to traffic misdemeanor cases other: than cases involving: driving under the influence of alcohol or drugs. A copy of Act 967 is attached for your review. "The foregoing opinion; which I hereby approve, was prepared by Assistant Attorney General Patricia G. Cherry. Attorney General SC:dd