New Jersey Alcotest 9510 and interlock credit

Title: New Jersey DWI in 2026: The Alcotest 9510 Cases Are Moving Again, and Interlock Time Now Earns Credit

Search title: New Jersey DWI 2026: Alcotest 9510 Stay Lifted, Interlock Credit | The DUI GUY

Meta description: New Jersey's Supreme Court lifted the Alcotest 9510 stay without ruling the machine reliable, and a 2025 law gives credit for interlock time. What drivers should know.

Category: DWI charges in New Jersey

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I defend DWI cases on both sides of the Delaware. Two things changed in New Jersey that every driver charged in Warren, Hunterdon or any other county should know about.

The Alcotest 9510 stay is over

New Jersey police have been replacing the old Alcotest 7110 breath machine with the Alcotest 9510. In State v. Cunningham, a driver challenged whether the new machine is scientifically reliable. On May 1, 2023, the New Jersey Supreme Court put affected DWI cases on hold and appointed an appellate judge to take evidence on the question.

That hold lasted more than two and a half years. Then the defendant withdrew her challenge. On December 19, 2025, the Supreme Court dismissed the appeal and lifted the stay, effective immediately. Cases that sat for years are now being scheduled in municipal courts.

The court did not say the 9510 is reliable

This is the part people miss. The Supreme Court never decided the question. Its order says that with the challenge withdrawn there was no legal question left for the court to decide. The order also says defendants in individual cases may still challenge the scientific reliability of the Alcotest 9510.

So the issue is open. The State still has to show in each case that the machine was in proper working order, that the operator was certified, and that the test was given according to official procedure. Prosecutors have been told to report any reliability challenge up the chain so the State can try to take it straight to the Supreme Court. Expect them to fight hard.

If your case was stayed, the delay itself may matter. Witnesses forget, records go missing, and a case that waited years for trial raises speedy trial questions.

Interlock time now earns credit

A law signed on April 3, 2025, P.L.2025, c.41, changed how license forfeiture works. For offenses on or after that date, a driver who installs an ignition interlock and gets a license with the interlock notation earns one day of credit against the forfeiture period for every two days the device is installed.

The credit is available for a first offense with a BAC of 0.15% or higher, and for second, third and later offenses. For repeat offenders this is a real change. A person facing years off the road can now choose the interlock, keep driving legally, and shorten the forfeiture.

There are limits. No credit is available if the offense caused serious bodily injury to another person. Drivers charged with drug-impaired driving are not eligible. The law expires on January 1, 2029 unless the legislature extends it.

Plea agreements are allowed

For many years New Jersey court rules barred plea bargaining in DWI cases. A law that took effect in February 2024 now authorizes plea agreements where the facts support them. A weak breath reading or a problem with the stop can be the basis for a negotiated result.

First-offense penalties at a glance

Frequently asked questions

Is the Alcotest 9510 approved in New Jersey? The New Jersey Supreme Court has not ruled on its scientific reliability. It lifted the stay on December 19, 2025 without deciding the question, and defendants may still challenge the machine in their own cases.

What happened to DWI cases stayed for the Alcotest 9510? They are going forward. The stay ended on December 19, 2025.

How does the New Jersey ignition interlock credit work? For offenses on or after April 3, 2025, eligible drivers earn one day of credit toward license forfeiture for every two days with an interlock installed and a notated license.

Can you plea bargain a DWI in New Jersey? Yes. Since February 2024 the DWI statute authorizes plea agreements where the facts support them.

I live in Pennsylvania and was charged with DWI in New Jersey. What happens to my license? New Jersey reports the conviction to PennDOT, and Pennsylvania may act on it. You need a lawyer who handles both states.

Paul M. Aaroe, II, the DUI GUY™, of Aaroe Law Offices, PC, defends New Jersey DWI and Pennsylvania DUI cases. Call (610) 559-7401 for a free case evaluation. This post is general information, not legal advice.