Background
- The Alcotest 9510, manufactured by Draeger, was introduced in New Jersey to replace the now-discontinued Alcotest 7110 MKIII‑C, previously deemed scientifically reliable by the New Jersey Supreme Court in State v. Chun (2008).
- The New Jersey Attorney General authorized its use in select jurisdictions—initially in Monmouth County—which subsequently expanded to other areas, including Middlesex County and the New Jersey State Police.
Legal Proceedings and Current Status
- In May 2023, the New Jersey Supreme Court granted direct certification in State v. Cunningham (A‑38‑22), appointed Judge Richard J. Geiger as Special Master, and issued a limited stay on all DWI cases relying exclusively on Alcotest 9510 evidence.
- The purpose of the stay is to allow the Special Master to evaluate the scientific reliability of the 9510 through hearings, expert testimony, and written reports.
- That stay remains in effect and continues to suspend DWI prosecutions based on Alcotest 9510 results until the Supreme Court issues a ruling.
- As of mid-2025, attorneys anticipated a decision by early 2025; however, no ruling has yet been reported.
Recent Technical Guidance (2025)
- On July 10, 2025, the Attorney General issued interim guidance regarding Alcotest 9510 firmware: it is being updated so that for females age 60 and over, the minimum breath volume requirement will be reduced from 1.5 liters to 1.2 liters.
- Until the update is fully deployed, law enforcement is instructed not to charge refusal under N.J.S.A. 39:4‑50.4a if a test fails due to “Minimum volume not achieved,” even when a 1.2‑liter volume was provided.