New Jersey’s Alcotest 9510 Rollout: What It Means for DWI Defendants
The Alcotest 9510, a new breath-testing device manufactured by Draeger, Inc., has been introduced in New Jersey by the Attorney General. The new breath-testing device was initially introduced in Monmouth County but has now expanded into other counties, such as Middlesex, and is in use by the State Police.
The Alcotest 9510 has been chosen to replace the Alcotest 7110. Draeger also manufactured the Alcotest 7110 MKIII-C, the current device used in New Jersey, which the Supreme Court declared scientifically reliable in State v. Chun.
The Attorney General, anticipating challenges to the Alcotest 9510’s scientific reliability, limited its introduction to Monmouth County police agencies. The plan was to litigate a few selected drunk-driving cases using the Alcotest 9510 through the judiciary to obtain Supreme Court approval. However, due to prior experience with the Alcotest 7110, the Supreme Court directly certified the question under State v. Cunningham (A-38-22) (087913) and imposed a limited stay on affected DWI matters.
The Court appointed Judge Richard J. Geiger, J.A.D., as Special Master to develop a record, conduct hearings, and make findings of fact and conclusions regarding the Alcotest 9510’s scientific reliability. The Special Master was given full authority to decide the participation of any amicus curiae in the case.
Due to the Court’s order, cases that rely on Alcotest 9510 evidence are currently stayed. If you were charged with DWI and the investigating police department used the Alcotest 9510, your case will be on hold pending the outcome of State v. Cunningham.
Don’t wait to see what happens; defend your case vigorously now by obtaining all discovery. If you fail to preserve evidence it can and will be held against you.
If you have been charged with a DWI/DUI in the State of New Jersey, contact an experienced defense lawyer Dan T. Matrafajlo, Esq., for a free consultation.
Dan T. Matrafajlo, Esq. is the Managing Member and Lead Partner at Beninato & Matrafajlo, Attorneys at Law, LLC, a New Jersey-based personal injury law firm with offices in Elizabeth and East Brunswick. With over two decades of experience representing clients in complex matters—including motor vehicle accidents, workers’ compensation, and wrongful death cases—he has recovered over $100 million on behalf of his clients and is known for securing significant results. He has also helped shape New Jersey personal injury law through notable Appellate Division decisions such as Hardison v. King and Frenklakh v. Lojek, with his litigation work featured in the New Jersey Law Journal, underscoring his authority in the field.
Mr. Matrafajlo was recognized as a Super Lawyers® Rising Stars honoree from 2012 to 2017 and is a member of the Million Dollar Advocates Forum—an honor reserved for attorneys who have achieved multi-million-dollar verdicts and settlements. Combining deep legal expertise with a client-focused approach, he provides strategic, results-driven representation while guiding clients through every stage of the legal process. He earned his Juris Doctor from the University of Miami School of Law and is admitted to practice in both New Jersey and New York.
