Klug v. Nebraska Dept. of Motor Vehicles
291 Neb. 235
Neb.2015Background
- Jordan D. Klug held a commercial driver’s license (CDL); DMV revoked it for life after a Kansas administrative finding (Jan 19, 2010) for DUI and a South Dakota criminal DUI conviction (Sept 23, 2013).
- DMV relied on Neb. Rev. Stat. § 60-4,168 which disqualifies CDL holders for specified DUI offenses "in this or any other state," and defines "conviction" to include administrative determinations.
- Klug appealed, arguing § 60-4,168 only incorporates Nebraska DUI statutes (§§ 60-6,196 and 60-6,197) for alcohol offenses, so out-of-state alcohol DUI adjudications cannot trigger CDL disqualification.
- The district court affirmed the DMV, finding the statute’s phrase "in this or any other state" unambiguously covers equivalent out-of-state DUI offenses.
- Nebraska Supreme Court reviewed de novo whether out-of-state DUI convictions are included under § 60-4,168 and whether excluding them would frustrate the statute’s purpose and federal compliance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 60-4,168 includes out-of-state alcohol DUI convictions for CDL disqualification | Klug: statute names Nebraska DUI statutes, so out-of-state alcohol DUIs are not included | DMV: § 60-4,168 expressly covers convictions "in this or any other state," so equivalent out-of-state DUIs are included | Court: Held included — language and purpose unambiguously cover out-of-state equivalents |
| Whether reading out-of-state alcohol DUIs out of § 60-4,168 would defeat statutory purpose and federal compliance | Klug: statute shows alcohol DUI treated differently | DMV: excluding out-of-state DUIs would undermine safety goals and violate federal CDL program requirements | Court: Held exclusion would defeat purpose and conflict with federal regulations; therefore inclusion is required |
Key Cases Cited
- Strong v. Neth, 267 Neb. 523 (appellate review of DMV director decisions is de novo)
- DMK Biodiesel v. McCoy, 285 Neb. 974 (statutory interpretation is a question of law reviewed independently)
- Fisher v. PayFlex Systems USA, 285 Neb. 808 (ascertain legislature intent from statute language)
- TracFone Wireless v. Nebraska Pub. Serv. Comm., 279 Neb. 426 (statutes should be construed to achieve their purpose)
- State v. Burlison, 255 Neb. 190 (courts may not read meanings into or out of statutes that are not present)
Outcome
The Nebraska Supreme Court affirmed the district court: Klug’s Kansas administrative DUI and South Dakota criminal DUI qualify as convictions under § 60-4,168 and supported the DMV’s lifetime CDL revocation.