60-6,197.09. Driving under influence of alcoholic liquor or drugs; not eligible for probation or suspended sentence.

Notwithstanding the provisions of section 60-6,197.03, a person who commits a violation punishable under subdivision (3)(b) or (c) of section 28-306 or subdivision (3)(b) or (c) of section 28-394 or a violation of section 60-6,196, 60-6,197, or 60-6,198 while participating in criminal proceedings for a violation of section 60-6,196, 60-6,197, or 60-6,198, or a city or village ordinance enacted in accordance with section 60-6,196 or 60-6,197, or a law of another state if, at the time of the violation under the law of such other state, the offense for which the person was charged would have been a violation of section 60-6,197, shall not be eligible to receive a sentence of probation or a suspended sentence for either violation committed in this state.

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A certified or duly authenticated copy of the former judgment, from any court in which such judgment was had, for any such crimes formerly committed by the party so charged, if in the presentence investigation report, is sufficient prima facie evidence of such former judgment under this section when the defendant had the opportunity to offer rebuttal evidence at the first and second sentencing hearings, but chose not to do so. State v. Arizola, 295 Neb. 477, 890 N.W.2d 770 (2017).

The imposition of the sentence, absent the pendency of an appeal, concludes the "proceedings" referred to in this section. State v. Lamb, 280 Neb. 738, 789 N.W.2d 918 (2010).

A motion to quash is a procedural prerequisite to facially challenge the constitutionality of this section. State v. Albrecht, 18 Neb. App. 402, 790 N.W.2d 1 (2010).

For the purposes of determining whether a defendant was participating in criminal proceedings, once a defendant has pleaded guilty and such plea was accepted to one charge, the defendant was obviously participating in that criminal proceeding at the time he pleaded to the second charge when both pleas were accepted at the same time. State v. Albrecht, 18 Neb. App. 402, 790 N.W.2d 1 (2010).