§ 43A-3-452. Sentence and punishment - Conditional participation in alcohol and drug substance abuse course or program.

Except as otherwise provided by law, in any case in a municipal or district court of proper jurisdiction wherein the defendant is charged with actual physical control of or operation of a motor vehicle while under the influence of or impaired by alcohol or a drug, the court may:

1.  Upon a plea of guilty or nolo contendere, or stipulation by the defendant, or a verdict, but before a judgment of guilt is entered, without entering a judgment of guilt and with the consent of the defendant, defer further proceedings upon the condition that the defendant enroll in, attend and successfully complete, at his or her own expense, an alcohol and drug substance abuse course or an alcohol and drug substance abuse treatment program, or both as identified by an assessment conducted by a certified assessor; or

2.  Upon a conviction, suspend the execution of sentence, with or without probation, upon the condition that the defendant enroll in, attend and successfully complete an alcohol and drug substance abuse course or an alcohol and drug substance abuse treatment program as provided by Section 3-453 of this title.

Added by Laws 1978, c. 197, § 2, emerg. eff. April 14, 1978.  Amended by Laws 1985, c. 338, § 8, eff. Nov. 1, 1985; Laws 1990, c. 265, § 66, eff. Sept. 1, 1990.  Renumbered from § 11-902.2 of Title 47 by Laws 1990, c. 265, § 77, operative July 1, 1990.  Amended by Laws 1992, c. 382, § 4, emerg. eff. June 9, 1992; Laws 2003, c. 46, § 21, emerg. eff. April 8, 2003; Laws 2003, c. 196, § 5, emerg. eff. May 7, 2003; Laws 2005, c. 195, § 21, eff. Nov. 1, 2005; Laws 2013, c. 157, § 1, eff. Nov. 1, 2013.