Driver Control and the court are two different entities with two different rules. The answer to your question though is I don't know. oviously driver control had a reason to "plea bargain" down to the 2nd. You will have to wait and see what the court does. but as far as Kansas law goes a dui cannot be plea bargained, but alot of things are taken into account. for example the length of time that has passed since his last DUI. For instance. I got a DUI new years eve 1987, I turned around and got another that February. I stayed being a "good girl" till 1998 when I got another, you would think that this would be my 3rd but they counted it as my 1st and I got diversion. sometimes the courts do not go back but only 5-7 years and this could be the reason for 3 going down to 2, but of course without the whole story I do not know what your situation is.