Plomteaux

*179 Opinion

On March 11, 1974, the Department of Motor Vehicles (appellant) revoked the driving privileges of William James Plomteaux (respondent) pursuant to Vehicle Code section 13352, subdivision (e). The revocation was for a period of three years and was based on the fact that respondent had suffered three previous convictions of driving a motor vehicle under the influence of intoxicating liquor—violations of Vehicle Code section 23102 on November 8, 1968, and September 6, 1973, and of Penal Code section 367d on January 23, 1970.

The sole issue on this appeal is whether the Penal Code conviction was one for driving a motor vehicle while under the influence of intoxicating liquor within the meaning of Vehicle Code section 13352, subdivision (e). The trial coúrt’s reasoning as expressed in a minute order was that “Penal Code Section 367d has no relationship to driving on public streets or to that extent on licensing. . . .” Therefore only two convictions had been suffered' by respondent and the revocation was excessive punishment, the appellant being limited to suspending respondent’s driving privileges for one year on the basis of the two prior Vehicle Code convictions.

We…