This question has already been asked and answered. You are not being punished for the same crime twice. You are being punished for committing the same crime on two different dates. Even though you completed the alcohol education program you failed to avoid being arrested for another DWI prior to the dismissal date of your first case. Some might argue the classes didn't work for you. You will, in all likelihood, be punished as a first offender. However, your driving privileges will be adversely affected. If you get arrested for DWI again within 10 years you will be facing a minimum 1 year in jail.
Make sure your attorney knows that the prosecutor stated that you are to be convicted of a DUI 1st. Based on the law, because you are now convicted of a prior DUI (as a 2nd), you can AGAIN be convicted of a DUI 2nd and receive enhanced (harsher) punishment. Get an aggressive, well versed DUI attorney. Good luck.
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