The Massachusetts Supreme Judical Court has ruled a Lenox woman charged with drunk driving in 2012 did not have the right to talk to an attorney before taking a breathalyzer test.

In its written opinion, the SJC agrees with Berkshire County prosecutors: That the right to an attorney begins at so-called “critical stages” of the judicial process, such as when a formal charge has been made or at various court hearings.

Defense attorney Elizabeth Quigley argued a breathalyzer test should also be considered a critical stage, since a person can be convicted of drunk-driving in Massachusetts with a reading of .08 or higher.

Reacting to the opinion, Berkshire District Attorney David Capeless says the ruling prevents what could have been a roadblock to prosecution.

“It avoids what could be some very troublesome practical situations, Capeless said.” “The whole concept of getting a hold of attorneys because taking a breath test is very time sensitive, after a certain amount of time they can’t give a test.”

The woman has not yet been convicted; the justices sent the case back to District Court.

WBUR’s Jonathan Cain contributed to this report.