Your participation in the alcohol education program for your first DWI will be deemed "unsatisfactory" in light of the subsequent arrest and conviction for another DWI. Your first DWI will be redocketed for further prosecution by the court. Your options will be 1). go to trial or 2). plead out as a first offender. You cannot be charged as a second offender for your first DWI. If you plead out you will probably have a sentence that mirrors the one you received for your second DWI. However, your license will, in all likelihood, be suspended for 3 years and you will probably have to delay the installation of the inter lock ignition device. Also, regarding the claim you will have it expunged later- don't be so sure of that. It's certainly not going to happen in the near future, particularly if you have 2 convictions for DWI and would be facing a mandatory jail sentence of 1 year for a 3rd conviction with in 10 years.
You do not indicate whether you successfully completed the Alcohol Education Program. if so, then the charge was dismissed and is not on your record. If you picked up the next DUI before you completed the Alcohol Education Program, there is a very real risk that the program will be terminated and the case returned to the court docket. You should speak to an experienced attorney- it is very important this be handled correctly to avoid serious ramifications.
Brian S. Karpe, Esq. (860) 242-2221 Note: This response DOES NOT constitute legal advice and therefore no specific action should be taken in reliance thereon. No attorney-client relationship is created through this response. You should speak to an licensed attorney in your state who is competent to answer your question before taking any action with regard to this question.
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