Howard v. Transportation Cabinet

STEPHENS, Chief Justice.

This appeal raises the question of whether a vehicle enforcement officer (VEO) has the statutory authority to arrest the driver of a passenger automobile for driving under the influence (DUI), or whether such an officer’s powers are limited to drivers of vehicles governed by KRS Chapter 281, entitled “Motor Carriers.”

The facts are not in dispute. On May 1, 1986, on-duty VEO officer, appellant James Cantrell, happened upon the scene of an automobile accident on U.S. Route 23. It was apparent to him that the driver of the automobile was intoxicated. Because Officer…