(A) If the defendant is not eligible for release upon personal recognizance as provided in § 33.37 of this chapter, or if eligible but refuses to sign a written promise to appear, the officer shall deliver the person to an appropriate magistrate for arraignment, and the Magistrate shall proceed as otherwise provided by law.
(B) If no magistrate is available, the defendant shall be placed in the custody of the appropriate municipal or county jailor or custodian, to be held until a magistrate is available or as otherwise provided by law or ordinance.
(Prior Code, § 1-7-14)