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: Did not hold a commercial driver’s license or commercial learner’s permit; or
(3) Was not operating a commercial vehicle;
(4) No other person is alleged to have been physically injured as a result of the conduct underlying such charge; and
(5) 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.