(A) A person may be considered for an alcohol education program if he: (1) is at least seventeen years of age but less than twenty-one years of age at the time of arrest; (2) has no prior alcohol-related offenses; and (3) has no significant history of prior delinquency or criminal activity on his record. (B) A person may not participate in an alcohol education program more than once. (C) A person may be considered for an alcohol education program if he is charged with a violation of the following offenses: (1) purchase or possession of beer or wine by a person under the age of twenty-one pursuant to Section 63-19-2440; (2) purchase or possession of alcoholic liquors by a person under the age of twenty-one pursuant to Section 63-19-2450; (3) open container in a motor vehicle pursuant to Section 61-4-110; (4) public disorderly conduct pursuant to Section 16-17-530; (5) littering pursuant to Section 16-11-700; (6) providing false information concerning age to purchase beer or wine pursuant to Section 61-4-60; (7) unlawful purchase of beer or wine for a person who cannot legally buy for consumption on the premises pursuant to Section 61-4-80; (8) transfer of beer or wine for underage person's consumption pursuant to Section 61-4-90; (9) transfer of alcoholic liquors for underage person's consumption pursuant to Section 61-6-4070; (10) possession of an altered driver's license or other false documentation pursuant to Section 56-1-515; and (11) another offense similar in nature and severity to the above-described offenses, as determined by the circuit solicitor. However, the provisions of this item may not be construed to include an offense enumerated in Section 56-5-2930 or Section 56-5-2933. (D) A person's participation in an alcohol education program does not prevent his participation in a pretrial intervention program pursuant to the provisions and conditions of Article 1.
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