My question involves criminal law for the state of: Kentucky
I was in Louisville, Kentucky for a concert (alone), had a few beers, and that is the last of what I remember until I was in the jail/police station answering questions regarding my arrest. According to the police report (which I was given upon my release the next day) the officer found me "passed out" in my car which I had parked on the side of the highway near a guardrail with my foot on the break. He said he had to knock loudly on the door to get me to wake up and I was very disoriented and confused, and also had a strong smell of alcohol.
I have never, EVER been this drunk before, nor have I ever willingly got behind the wheel after being impaired by alcohol. It was suggested by a woman at the station that I could have been drugged...no idea if that was even possible.
At the station (which was around 2:30 am according to the reports) they gave me a phone book and let me call "my attorney", who is the only person I know in the area (he lives in Cincy) that is a lawyer. Being 2:30 am and I called his home line, it was no surprise that he didn't answer. I was immediately led to a small room where the cop wanted to give me a breathalyzer. I was still VERY disoriented and confused about what was going on, so I kept saying I wanted to talk to a lawyer before doing anything and asking him to give me a minute to collect my thoughts and figure out what was going on. He said "you have 2 minutes to decide" and about 2 seconds later told me he was writing down that I had refused the test. I protested and said "I'm not refusing, I just need a minute to think about it" and he basically said tough shit.
After spending the worst 16 hours of my life in that cell, my parents finally came, bailed me out, and were sent on our way home (after having to go search for my car on the highway where they left it...no tow/impound lot to be heard of). I have a court date set for the end of June, and I have never been more terrified in my life. I honestly don't know if I could handle having to go back to jail.
I have tried to do as much online research on this as possible (and have calls out to several law firms in the county in which I was arrested). The only things I can come up with that might save me from serving time in jail:
1. I wasn't "technically" driving at the time of the arrest - my car was parked, and nowhere on the report was it indicated that my keys were in the ignition.
2. Could I have been drugged? It seems to be too late to do any kind of blood test for anything, and obviously I *did* have some alcohol in my system, but this situation is far enough out of the realm of something that I would normally do/be capable of that I'm very suspicious.
3. I never actually refused the breath test and feel like I was not really made aware of my rights and the consequences of the test refusal, nor was I given the "10-15 minutes" to contact an attorney.
I know none of these are excuses for my actions, and I don't expect to "get away" with this. I am beyond remorseful and would give anything to have that day back and do it over again. Do you guys think there is any hope for me?