Thank you for the information and your question. I can't tell you what the court will do but I can tell you what the law says and what they can do. What I mean by that is if there is an admininstrative mistake and the prosecutor's office doesn't pick up the first DUI, or your attorney can negotiate this as your "first" DUI, then concievably it might be treated as a first DUI. However, the law in Georgia is that a second DUI in 5 years
counts as a second and the penalties increase. With a second DUI conviction the mandatory minimum jail time is 72 hours with the range being 90 days to 12 months. Anytime not served in jail is suspended and treated as probation. Then there are fines
that range between $600 and $1,000. Community service of up to 240 hours. DUI school or a Risk Reduction Course. A clinical evaluation for alcohol and drug dependency and license suspended for 18 months.
The fact that your first DUI was in NY, as I touched on, should not effect it counting as your first DUI. Again though, there could be a snafu and they miss it. But, since there is apparently a record with the DMV already, because you said you has a suspension for the first one, that is doubtful.
Please let me know if you need any clarification. I would be glad to assist you further if I can.