If these are the only DUIs that you have, the second DUI should only be filed as a DUI first, because it did not occur after you had been previously convicted of a DUI. However, the prosecutor may take the 1st DUI in consideration regarding what they will recommend as a dispositino. Like I said, it cannot be enhanced by law, because you have to have a previousl conviction, and the 1st DUI had not been closed. Keep consulting with your local attorney.
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