The Department of Motor Vehicles would like greater power to suspend a person's license upon conviction for boating under the influence of drugs or alcohol.
The laws against BUI are similar to those criminalizing driving under the influence and a prior BUI conviction can be used to enhance a DUI charge. However, much as the Department of Motor Vehicles might wish otherwise, the DMV cannot suspend a person’s driver’s license based on a BUI conviction.
The DMV has tried to argue that when a person violates the BUI law he effectively violates the DUI law for the purposes of license suspension.
However, the courts have held that although a prior BUI conviction may used to enhance the punishment for a subsequent DUI conviction, suspension of driving privileges is not a “permissible punishment” for a BUI conviction.
In addition to arguments in court, the DMV has drafted proposed legislation for the Legislature to adopt giving the Department the power to revoke a person's license upon conviction of a BUI.
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