Ky. Rev. Stat. » Chapter 222
Kentucky Revised Statutes

Ky. Rev. Stat. § 222.202 (2026)

Offenses of alcohol intoxication or drinking alcoholic beverages in a public

✓ current as of May 2026
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place. (1) A person is guilty of alcohol intoxication when he appears in a public place manifestly under the influence of alcohol to the degree that he may endanger himself or other persons or property, or unreasonably annoy persons in his vicinity. (2) A person is guilty of drinking alcoholic beverages in a public place when he drinks an alcoholic beverage in a public place, or in or upon any passenger coach, or other vehicle commonly used for the transportation of passengers, or in or about any depot, platform, or waiting room. History: Created 1986 Ky. Acts ch. 336, sec. 2, effective July 1, 1986.

Notes of Decisions
Cited in 17 cases (4 in the last 5 years), 1991–2026 · leading case: Maloney v. Commonwealth, 489 S.W.3d 235 (Ky. 2016).
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Maloney v. Commonwealth, 489 S.W.3d 235 (Ky. 2016). · cites it 20× “The relevant portion of KRS 222.202 defines the offense as follows: “A person is guilty of alcohol intoxication when he appears in a public place manifestly under the influence of alcohol to the degree that he may endanger himself or other persons or property, or unreasonably…”
United States v. Erick Garcia-Sandobal, 703 F.3d 1278 (11th Cir. 2013). · cites it 3× “11, § 1315; Ky.Rev.Stat. Ann. § 222.202(1); 18 Pa. Cons.”
Hudson v. Commonwealth, 202 S.W.3d 17 (Ky. 2006). · cites it 2× “KRS 222.202 states, inter alia: (1) A person is guilty of alcohol intoxication when he appears in a public place manifestly under the influence of alcohol to the degree that he may endanger himself or other persons or property, or unreasonably annoy persons in his vicinity.”
Healthwise of Kentucky, Ltd. v. Anglin, 956 S.W.2d 213 (Ky. 1997). · cites it 4× “KRS 222.202. However, instead of merely transforming this criminal offense into a definition, the majority concludes that since the definition is, in fact, a criminal offense, the exclusion cannot apply until and unless Anglin is actually convicted of that offense.”
Just. v. Commonwealth, 987 S.W.2d 306 (Ky. 1998). · cites it 3× “The next day, Appellant pled guilty to Alcohol Intoxication in violation of KRS 222.202 and Leaving the Scene of an Accident in violation of KRS 189.”
Whalen v. Commonwealth, 891 S.W.2d 86 (Ky. Ct. App. 1995). “040; and Alcohol Intoxication, KRS 222.202(1). On the morning of March 2, 1993, when the charges against Whalen came on for trial, he moved the court to continue his trial.”
Docksteader v. Commonwealth, 802 S.W.2d 149 (Ky. Ct. App. 1991). “Clearly, not only did the time, place, and the parties’ conduct indicate to the officers that criminal activity was afoot but appellant appeared to be committing a misdemeanor offense in the officers’ presence.”
Anthony Maloney v. Commonwealth of Kentucky (Ky. 2016). · cites it 20× “The relevant portion of KRS 222.202 defines the offense as follows: "A person is guilty of alcohol intoxication when he appears in a public place manifestly under the influence of alcohol to the degree that he may endanger himself or other persons or property, or unreasonably…”
Med. Prot. Co. v. Gregory Duma, 478 F. App'x 977 (6th Cir. 2012). · cites it 2× “100(1), was similar enough to the Healthwise statute, Ky. Rev. Stat. § 222.202(1), to predict that the Kentucky Supreme Court would follow its Healthwise decision and hold that a criminal adjudication of guilt was also necessary in Wilson.”
Poe v. Commonwealth, 201 S.W.3d 37 (Ky. Ct. App. 2006). “On August 12, 2004, Poe filed a motion in open court to join several misdemeanor charges from the Bracken District Court with his circuit court indictment, including disorderly conduct, alcohol intoxication, KRS 222.202(1), and menacing, KRS 508.050, since all the charges arose…”
Unknown, 370 F. App'x 592. · cites it 2× “Compare Ky. Rev. Stat. Ann. § 222.202 (1) (“[a] person is guilty of alcohol intoxication when he appears in a public place manifestly under the influence of alcohol to the degree that he may 5 endanger himself or other persons or property, or unreasonably annoy persons in his…”
Troy Scheffler v. Alex Lee (6th Cir. 2018). · cites it 2× “The offenses at issue here are alcohol intoxication, Ky. Rev. Stat. § 222.202(1), and disorderly conduct, id.”
Show all 17 citing cases →
— Ky. Rev. Stat. § 222.202(1) — 13 cases
Maloney v. Commonwealth, 489 S.W.3d 235 (Ky. 2016). “The relevant portion of KRS 222.202 defines the offense as follows: “A person is guilty of alcohol intoxication when he appears in a public place manifestly under the influence of alcohol to the degree that he may endanger himself or other persons or property, or unreasonably…”
United States v. Erick Garcia-Sandobal, 703 F.3d 1278 (11th Cir. 2013). “11, § 1315; Ky.Rev.Stat. Ann. § 222.202(1); 18 Pa. Cons.”
Healthwise of Kentucky, Ltd. v. Anglin, 956 S.W.2d 213 (Ky. 1997). “KRS 222.202. However, instead of merely transforming this criminal offense into a definition, the majority concludes that since the definition is, in fact, a criminal offense, the exclusion cannot apply until and unless Anglin is actually convicted of that offense.”
Hudson v. Commonwealth, 202 S.W.3d 17 (Ky. 2006). “KRS 222.202 states, inter alia: (1) A person is guilty of alcohol intoxication when he appears in a public place manifestly under the influence of alcohol to the degree that he may endanger himself or other persons or property, or unreasonably annoy persons in his vicinity.”
Just. v. Commonwealth, 987 S.W.2d 306 (Ky. 1998). “The next day, Appellant pled guilty to Alcohol Intoxication in violation of KRS 222.202 and Leaving the Scene of an Accident in violation of KRS 189.”
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