Opinion No. Oag 13-90, (1990)

CAL W. KORNSTEDT, Corporation Counsel, Dane County

You have requested my opinion on several issues relating to the authority of a circuit court judge to sentence a repeat offender of our intoxicated driver law (operating while intoxicated, hereinafter "OWI") to a rehabilitation facility created under section 59.07 (76), Stats., in lieu of part or all of the mandatory imprisonment required by section 346.65 (2)(b) and (c). Your request is apparently prompted by the desire of your county board to create a rehabilitation facility, coupled with its concern that such a facility might not be…