Idaho Code § 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.