(1) A peace officer may make an arrest for a violation of KRS § 222.202.
(2) Any peace officer who arrests a person for violation of KRS § 222.202 shall take him to jail. A peace officer may issue a citation and may take the person to a facility authorized by county or city ordinance agreeing to care for the person. If the person is jailed, at the jail it shall be determined if the person has committed a previous offense under KRS § 222.202.

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Terms Used In Kentucky Statutes 222.203

  • Arrest: Taking physical custody of a person by lawful authority.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • City: includes town. See Kentucky Statutes 446.010
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.

(3) A citation shall be issued to such person showing thereon the date of such person’s appearance in court and whether the offense is prepayable or not.
(4) Unless it has been determined that the defendant has had two (2) prior convictions for violation of KRS § 222.202 within the previous twelve (12) months, the citation shall be marked as prepayable.
(5) If it is determined that this is a third or subsequent offense, then the provisions of
KRS Chapter 431 with regard to bail and pretrial release shall apply.
Effective: July 13, 1990
History: Amended 1990 Ky. Acts ch. 229, sec. 1, effective July 13, 1990. — Created
1986 Ky. Acts ch. 336, sec. 4, effective July 1, 1986.