Should those suspected of drunk driving be able to speak with an attorney before deciding to take a breathalyzer test? That’s the question that will go before the Massachusetts Supreme Judicial Court next week.

The case at hand is a 2012 drunk-driving arrest in Lenox. Years before the state Legislature changed the law, so a breathalyzer test of .08, would be enough evidence on its own for a conviction. In legal filings, the attorney for Timothea Neary-French argues this change made the test a so-called “critical stage” in the criminal process–and that her client should have had the right to speak with an attorney first.

The Berkshire County District Attorney’s office counters that the Legislature didn’t intend to make a breath test a critical stage. They also say a delay in administering tests could produce stale and inaccurate results.