If you were charged with drunk driving in New Jersey and your breath reading came from the newer Alcotest 9510 machine, your case may have been frozen for months. That freeze is over. The New Jersey Supreme Court lifted the statewide stay on 9510-based DWI prosecutions, and courts are now clearing a large backlog of cases that had been sitting on hold. Here is exactly what changed, and why it does not mean the machine’s reading against you is automatically valid.
Why 9510 cases were frozen in the first place
For years, New Jersey’s breath machine of record was the Draeger Alcotest 7110. In State v. Chun (2008), the state Supreme Court examined that device in detail and set strict rules for when its results could be used as evidence. Every 7110 reading in the state has lived under those rules ever since.
The 7110 is old technology, and the state moved to replace it with a newer Draeger unit — the Alcotest 9510. Because the 9510 had never been put through the same scientific vetting the 7110 got in Chun, its reliability was challenged in litigation known as State v. Cunningham. The Supreme Court took the challenge seriously enough to appoint a Special Master to investigate the device and to impose a limited stay — a pause — on cases that relied only on a 9510 reading while that investigation played out.
What actually lifted the stay
The litigation did not end with a ruling that blessed the machine. It ended when the defendant in the lead case withdrew her challenge in late December 2025. With the case that justified the pause gone, the Supreme Court lifted the stay, and municipal courts across the state were cleared to move every previously frozen DWI matter forward again.
What the lifted stay means if you have a pending DWI
- Your case will move again. If your matter was on hold purely because of the 9510 question, expect it to be relisted. The backlog is real, but the pause protecting it is gone.
- The reading is still challengeable. Because the 9510 was never given Chun-level pre-approval, the reliability of the device is fair game on a case-by-case basis — not something the state gets to treat as settled.
- The old defenses did not disappear. A breath number under N.J.S.A. 39:4-50 is only as good as the process behind it.
Where a 9510 case can still be attacked
A breath reading is not a magic number. For the result to come into evidence, the state has to prove the machine was working correctly and the test was administered correctly. That includes:
- Calibration and maintenance records for the specific unit that tested you — the same paper trail that has sunk countless 7110 cases.
- The 20-minute observation period the officer is required to complete before the test, with no burping, regurgitation, or foreign substances in your mouth that could skew the reading.
- Operator certification — whether the officer running the machine was properly trained and current.
- The stop and arrest themselves — if the officer lacked a lawful reason to pull you over or to demand a breath test, the reading may never reach the courtroom.
None of that changed when the stay lifted. If anything, the fact that the 9510 was never fully vetted in a Chun-style hearing means the device’s foundation is more open to attack than the 7110’s, not less.
Don’t let the backlog rush you into a plea
With so many frozen cases suddenly back on the calendar, there is pressure to resolve them quickly. That pressure works against you if you take it as a reason to give up. A first-offense DWI under N.J.S.A. 39:4-50 carries a license suspension, an ignition interlock requirement, fines, surcharges, and a permanent record — a conviction is not something to accept just to get a delayed case over with. Since 2024, plea negotiation is available in New Jersey DWI cases, which makes having the machine and the stop scrutinized before you decide anything even more valuable.
For the full picture on how these cases are defended, see our NJ DUI defense overview, and read up on Alcotest calibration records and the 20-minute observation rule — two of the most common places a breath case falls apart.
Talk to a shark before your case moves
If your DWI was frozen over the 9510 and is now waking back up, that is the moment to get your reading and your stop examined — not after you have already pleaded. Goldman Law Firm defends drunk-driving cases across Ocean and Monmouth Counties and throughout New Jersey. Call 908-692-7745 for a free consultation and we will tell you straight where your case can be fought.