Cinquegrani

— May the state suspend the drivers’ licenses of individuals convicted of “boating under the influence”? After independently reviewing the pertinent Vehicle Code and Harbors and Navigation Code provisions, we conclude that state law does not authorize the Department of Motor Vehicles to automatically suspend the drivers’ licenses of individuals convicted of boating while intoxicated. The trial court correctly enjoined the state from proceeding with the unauthorized license suspensions.

FACTS

Plaintiff Ronnie Cinquegrani has numerous driving-related convictions. In 1996, he was convicted of driving under the influence (DUI): his driver’s license was suspended for one month, and his ability to drive was restricted for an additional five months. In 1997, Cinquegrani was again arrested for DUI, and convicted of reckless driving: his license was suspended from November 1997 until September 1999. Cinquegrani’s license was suspended from September to December 2002, and from December 2003 until October 2004, both times for failure to appear.

In 2005, Cinquegrani was arrested on the Colorado River for “boating under the influence” (BUI). He was charged with two misdemeanor…