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.

History:

[19-3508, added 2019, ch. 305, sec. 8, p. 912; am. 2020, ch. 212, sec. 1, p. 620.]