Last reviewed . Law current as of October 2026.
On December 19, 2025, the New Jersey Supreme Court dismissed State v. Cunningham and lifted the limited stay it had placed on DWI cases relying on the Alcotest 9510 since May 1, 2023. The Court did not decide whether the 9510 is reliable, and its order allows defendants to challenge the device's reliability in individual cases.
Key takeaways
- The Alcotest 9510 is New Jersey's current breath-testing device.
- Cases that were paused by the stay can now move forward.
- Challenges to a specific test still depend on the facts and records of your case.
What happened with the Alcotest 9510 in court?
| Date | Event |
|---|---|
| 2008 | State v. Chun: the Supreme Court found the earlier Alcotest 7110 scientifically reliable, with conditions. |
| 2010s–2020s | New Jersey replaces the discontinued 7110 with the Alcotest 9510. |
| May 1, 2023 | The Supreme Court stays DWI matters relying solely on 9510 results while it considers reliability in State v. Cunningham. |
| Dec. 19, 2025 | The Court dismisses Cunningham and lifts the stay, without a ruling on reliability. |
Can Alcotest 9510 results be challenged now?
- Cases that were paused can move forward.
- The 9510 has not been declared reliable or unreliable by the Supreme Court.
- Your lawyer can request the device's records, calibration and maintenance data, and operator credentials, and can challenge the result.
- A DWI can also be proven by observations without a breath result, so the defense looks at the whole case.
Where can I read the Supreme Court's order?
See the NJ Courts notice and order.
Related guides
- First-offense DWI
First DWI in New Jersey? Fines, IDRC, possible jail, license forfeiture, and interlock by BAC level under N.J.S.A. 39:4-50, plus pre-conviction interlock and the 2029 sunset.
- Breath test refusal
Charged with refusing the Alcotest in New Jersey? Refusal penalties under N.J.S.A. 39:4-50.4a, what the State must prove, how refusal differs from DWI, and common defenses.
- Ignition interlock
How long you need an ignition interlock after a New Jersey DWI or refusal, pre-conviction installation and credit, the drug-DWI exclusion, and the January 1, 2029 sunset.
- Second and third DWI
Second or third DWI in New Jersey? Mandatory jail, fines, community service, license forfeiture, interlock periods, the 10-year step-down, and how out-of-state priors count.
- Driving while suspended (39:3-40 / 2C:40-26)
Penalties for driving on a suspended license in New Jersey under N.J.S.A. 39:3-40, the extra penalties during a DWI suspension, and the fourth-degree crime in 2C:40-26.
Frequently asked questions
Did the NJ Supreme Court rule the Alcotest 9510 is reliable?
No. The December 19, 2025 order lifted the stay without deciding reliability and allows case-by-case challenges.
My case was stayed. What happens now?
Stayed cases can proceed. Talk to your lawyer about scheduling and whether to challenge the breath result.
Where we handle these cases
Essex County · Hudson County · Bergen County · Passaic County · Union County · Middlesex County · Monmouth County · Morris County · Ocean County · Mercer County · Somerset County · Hunterdon County · Sussex County · Warren County
Sources
This page provides general information about New Jersey law. It is not legal advice, and reading it or contacting us does not create an attorney-client relationship. Every case is different and no outcome is guaranteed.