Unfortunately you are likely to lose on each of those points. You do not have the right to a lawyer before the tests (breath, blood or urine) are given. Even without a breathalyzer (and I'm not sure if you mean an 'intoxilyzer' or not), if you were driving in an impaired fashion, and the impairment in driving was due to ingestion of alcohol or a controlled substance, they can charge you with drunk driving, which is a different offense from driving with a prohibited alcohol content in your blood. Miranda rights are not very helpful. If they do not read them to you, and if you are in custody at the time they question you, then all that happens is that they cannot use your statements against you in court. But usually they don't need to do so Find a skilled OWI lawyer. It almost always helps.
Answered on Jul 14th, 2015 at 6:27 PM