If you have no prior offenses the prosecutor will almost certainly offer you a contract for pre-trial diversion, and if you fulfill your end of the bargain your charge would be dismissed. This is not up to the judge. You will have to waive your right to a speedy trial. In my jurisdiction your prior DUI would disqualify you from pretrial diversion. In a neighboring jurisdiction you might qualify. So you'll have to talk to the prosecutor and see if s/he can offer that. If not, get a lawyer. The state would still have to prove their case against you, which they may or may not be able to do.

