Torn -- who plays Don Geiss, Alec Baldwin’s boss who returns from a coma on "30 Rock" -- was stopped by a state trooper on Dec. 14. A Christmas tree was tied to the top of his 1994 Subaru.
He also refused to take a Breathalyzer test and used profanity while in the trooper's cruiser, police said. He pleaded not guilty in January.
Torn's lawyer said the actor could qualify for the program even though he has two previous drunken driving arrests.
A prosecutor wouldn't say if he will oppose Torn's application. Torn seems eligible, the prosecutor said.