Troy, NY DWI and DUI Law Firms & Lawyers

Your bladder problem may not influence the authorities. With even a single sample showing such a high BAC, there's a good chance the prosecutor will want to proceed to charge you and get you convicted. As to DMV, they are entitled to suspend your driving privilege if any test shows a higher BAC than is permitted. Regardless of the legal outcome, there are other ways to enjoy life than drinking and then driving.

Yes. The issue is whether you intended to drive while intoxicated. Thus, if a person is sitting in the driver seat with the key in the ignition and is drunk, the police can charge that person with Driving While Intoxicated. The person did not actually have to be driving or seen driving. The case could be brought for a jury to decide.

This depends upon what you mean by "original file copy." Original copies of the Uniform Traffic Ticket Complaint and similar documentation that was produced by the police or by the court are not kept by your attorney; these are kept by the court. Your attorney likely has copies of them, but they are not the originals. You can always obtain copies of these documents from the court if your attorney does not have them. If you are referring to documentation which your attorney has created in anticipation of litigation, then the attorney may not be required to give you these documents that are considered "work product." Your attorney has the responsibility to give you all other documents in your file upon request, unless you still owe the attorney for work performed.