Opinion No. Oag 46-78, (1978)

DALE CATTANACH, Secretary Department of Transportation

You have asked whether ch. 193, Laws of 1977, which repealed and recreated see. 343.305, Stats., establishing the hearing procedures to determine the reasonableness of a refusal to submit to chemical tests to determine blood alcohol levels, confers jurisdiction upon municipal courts to hold such hearings.

Former sec. 343.305 specifically referred to "a court of record" while present sec. 343.305 refers only to "a court" or "the court."

It is my opinion that municipal courts do not have such jurisdiction.

In 57 Op. Att'y Gen. 11, 14 (1968), I…