Idaho Criminal Defense Laws

Prosecution for sexual abuse of a child (Idaho Code § 18-1506) or lewd conduct with a child (Idaho Code § 18-1508) may be commenced at any time.

The statute of limitations is tolled while the defendant is absent from the state of Idaho.

A felony is any crime punishable by imprisonment in the state prison. When no specific punishment is prescribed, the default is up to 5 years in prison and/or a $50,000 fine.

It is unlawful to drive with a BAC of 0.08% or higher (0.04% for commercial vehicles, 0.02% for under-21). A first offense is a misdemeanor with up to 6 months in jail and a $1,000 fine. Enhanced penalties apply for BAC of 0.20% or higher, and a third DUI within 10 years is a felony.

A person who was arrested but not charged within 1 year, or who was acquitted of all charges or had all charges dismissed, may have the fingerprint and criminal history record expunged and the court file sealed upon written request.

When imposing a prison sentence, the judge sets a fixed (minimum) term during which the offender is not eligible for parole, plus an indeterminate term representing the maximum total sentence.