Persons not to be considered for intervention

(A) A person must not be considered for intervention if the person is charged with: (1) blackmail; (2) driving under the influence or driving with an unlawful alcohol concentration; (3) a traffic-related offense which is punishable only by fine or loss of points; (4) a fish, game, wildlife, or commercial fishery-related offense which is punishable by a loss of eighteen points as provided in Section 50-9-1120; (5) a crime of violence as defined in Section 16-1-60; or (6) an offense contained in Chapter 25 of Title 16 if the offender has been convicted previously of a violation of that chapter or a similar offense in another jurisdiction. (B) However, this section does not apply if the solicitor determines the elements of the crime do not fit the charge. (C) A person may participate in a pretrial intervention program pursuant to the provisions of this article, or any other provision of law related to the eligibility of pretrial intervention participation, more than once when twenty years have passed from the date of successful completion of a previous pretrial intervention program.