Eligibility For Diversion Program

TITLE 19 CRIMINAL PROCEDURE CHAPTER 35 DISMISSAL OF ACTION 19-3508. eligibility for diversion program. A person is eligible to participate in a diversion program if: (1)  The person has been charged with driving under the influence pursuant to section 18-8004 or 18-8004A , Idaho Code; (2)  At the time of the conduct underlying such charge, the person: (a)  Did not hold a commercial driver’s license or commercial learner’s permit; or (b)  Was not operating a commercial vehicle; (3)  No other person is alleged to have been physically injured as a result of the conduct underlying such charge; and (4)  The person charged has not been convicted of driving under the influence or a substantially conforming foreign criminal violation within the past ten (10) years and has not previously participated in a diversion program pursuant to section 19-3509 , Idaho Code.