In Nebraska, a person can be convicted of DUI for operating or being in "actual physical control" of a motor vehicle: while under the influence of alcohol or drugs, or with a blood alcohol content (BAC) of .08% or more. The phrase "under the influence" means the person's ability to safely drive a vehicle is impaired to an "appreciable degree." Jail Time and Fines for Nebraska DUI Convictions The possible penalties for a DUI conviction normally depend on the following factors: the defendant's BAC level whether the judge grants probation or a suspended sentence, and whether the defendant has prior DUI convictions within the last 15 years. Enhanced penalties generally apply if the defendant's BAC was at least .15%. If the judge grants probation (also referred to as a "suspended sentence"), the defendant is typically sentenced to jail time but is allowed to serve all or part of the time on probation rather than in jail. But if the defendant violates probation, the original jail sentence can be imposed. In most circumstances, the defendant is required to apply for an ignition interlock permit (IID permit) and install an IID in the defendant's vehicle. However, in some cases, the defendant is prohibited from driving for 45 days before obtaining the permit. Generally, the defendant must retain the permit and IID for at least one year or for the revocation period, whichever is longer.