- posted: Jan. 05, 2026
On December 19, 2025, the New Jersey Supreme Court officially dismissed the pending Alcotest
9510 lawsuit and lifted the statewide stay on certain DWI prosecutions, allowing DWI court
cases to move forward once again.
The decision comes in State v. Cunningham, a case that had temporarily put the reliability of
New Jersey’s newest breath-testing device under investigation.
Background: What Is the Alcotest 9510? Why is it being Questioned?
The Alcotest 9510 is the breath-testing machine adopted by New Jersey as a replacement for the
Alcotest 7110. While the older model had already been approved by the Supreme Court in State
v. Chun, defendants across the state questioned if the 9510 met the same scientific reliability
standards.
Here are some facts about the Alcotest 9510:
● You blow twice into the machine. The Alcotest 9510
makes you give two separate breath samples, not just one.
● Each blow is checked two different ways. The machine
measures alcohol using two systems at the same time, which
means it ends up with four alcohol numbers total.
● The machine uses the lowest number it gets. Instead of
averaging all the results, the machine is designed to report the
lowest alcohol reading from the four, not the highest or the
average.
The above information contained in the Alcotest 9510 Technical
Manual.
In January 2023, the State sought a global resolution of these challenges by asking the Supreme
Court to directly certify several pending DWI cases. The one case, State v. Cunningham, was
accepted for review. The New Jersey Supreme Court appointed a Special Adjudicator to conduct
hearings and develop a scientific record on the Alcotest 9510’s reliability. However, the
proceedings became lengthy due to disputes over funding defense experts.
Over nearly two years, multiple motions were filed addressing whether the State should be
required to pay for defense experts. While the Court ultimately ordered the State to cover
transcript costs, it consistently declined to compel the State to fund defense experts.
The Court’s Ruling
In late 2025, defendant Colleen Cunningham withdrew her challenge to the scientific reliability
of the Alcotest 9510 altogether. As a result, the Court concluded there was no legal question
remaining before it.
In its December 19, 2025 Order, the Supreme Court:
● Dismissed the pending appeal
● Vacated its May 1, 2023 order
● Lifted the limited stay on DWI prosecutions involving the Alcotest 9510
● Allowed DWI cases statewide to proceed without further delay
What this Means for DWI Defendants
Defendants in individual cases may still challenge the scientific reliability of the Alcotest 9510 if
they choose. Our law office, EBM, has successfully represented clients seeking to challenge
their Alcotest 9510 results during the stay. We used The State of New Jersey Interim Guidance
on DWI Prosecutions and the specific instructions governing use of the 9510 device. Many
lawyers are not familiar with this directive and are not using it to challenge their cases. EBM
Law knows and understands how to use this directive and will ensure that our clients get the best
results.
By carefully analyzing the evidence and facts of each case, and working with qualified experts,
we were able to effectively challenge the state's case and receive a favorable resolution while
relying on the above directive. Our thorough approach allowed us to achieve the best possible
outcomes for our clients.
Since the stay is now lifted, if you are not satisfied with your 9510 case that is pending, please
contact our law office. EBM Law has represented thousands of clients in New Jersey DWIs and
we are proud of the effective results we continue to earn for our clients across the state. If you
have any questions about New Jersey DWIs, your BAC readings, or any criminal matter, please
contact our offices at (732) 249-9933.
- posted: Jan. 05, 2026
On December 19, 2025, the New Jersey Supreme Court officially dismissed the pending Alcotest
9510 lawsuit and lifted the statewide stay on certain DWI prosecutions, allowing DWI court
cases to move forward once again.
The decision comes in State v. Cunningham, a case that had temporarily put the reliability of
New Jersey’s newest breath-testing device under investigation.
Background: What Is the Alcotest 9510? Why is it being Questioned?
The Alcotest 9510 is the breath-testing machine adopted by New Jersey as a replacement for the
Alcotest 7110. While the older model had already been approved by the Supreme Court in State
v. Chun, defendants across the state questioned if the 9510 met the same scientific reliability
standards.
Here are some facts about the Alcotest 9510:
● You blow twice into the machine. The Alcotest 9510
makes you give two separate breath samples, not just one.
● Each blow is checked two different ways. The machine
measures alcohol using two systems at the same time, which
means it ends up with four alcohol numbers total.
● The machine uses the lowest number it gets. Instead of
averaging all the results, the machine is designed to report the
lowest alcohol reading from the four, not the highest or the
average.
The above information contained in the Alcotest 9510 Technical
Manual.
In January 2023, the State sought a global resolution of these challenges by asking the Supreme
Court to directly certify several pending DWI cases. The one case, State v. Cunningham, was
accepted for review. The New Jersey Supreme Court appointed a Special Adjudicator to conduct
hearings and develop a scientific record on the Alcotest 9510’s reliability. However, the
proceedings became lengthy due to disputes over funding defense experts.
Over nearly two years, multiple motions were filed addressing whether the State should be
required to pay for defense experts. While the Court ultimately ordered the State to cover
transcript costs, it consistently declined to compel the State to fund defense experts.
The Court’s Ruling
In late 2025, defendant Colleen Cunningham withdrew her challenge to the scientific reliability
of the Alcotest 9510 altogether. As a result, the Court concluded there was no legal question
remaining before it.
In its December 19, 2025 Order, the Supreme Court:
● Dismissed the pending appeal
● Vacated its May 1, 2023 order
● Lifted the limited stay on DWI prosecutions involving the Alcotest 9510
● Allowed DWI cases statewide to proceed without further delay
What this Means for DWI Defendants
Defendants in individual cases may still challenge the scientific reliability of the Alcotest 9510 if
they choose. Our law office, EBM, has successfully represented clients seeking to challenge
their Alcotest 9510 results during the stay. We used The State of New Jersey Interim Guidance
on DWI Prosecutions and the specific instructions governing use of the 9510 device. Many
lawyers are not familiar with this directive and are not using it to challenge their cases. EBM
Law knows and understands how to use this directive and will ensure that our clients get the best
results.
By carefully analyzing the evidence and facts of each case, and working with qualified experts,
we were able to effectively challenge the state's case and receive a favorable resolution while
relying on the above directive. Our thorough approach allowed us to achieve the best possible
outcomes for our clients.
Since the stay is now lifted, if you are not satisfied with your 9510 case that is pending, please
contact our law office. EBM Law has represented thousands of clients in New Jersey DWIs and
we are proud of the effective results we continue to earn for our clients across the state. If you
have any questions about New Jersey DWIs, your BAC readings, or any criminal matter, please
contact our offices at (732) 249-9933.
