The Stay is Lifted: What the NJ Supreme Court’s Recent Ruling Means for Your Pending DWI Case

For thousands of New Jersey drivers, the last two years have been defined by a frustrating and uncertain period of legal limbo. If you were charged with a DWI involving the Alcotest 9510 breathalyzer machine, your case likely came to a screeching halt in May 2023. At that time, the New Jersey Supreme Court imposed a statewide stay on many prosecutions involving this specific device while a legal challenge regarding its scientific reliability was pending.

Everything changed on December 19, 2025. In a significant move that is sending shockwaves through municipal courts, the New Jersey Supreme Court officially lifted that stay. This significant procedural move allows these long-delayed cases to move forward.

If your case was one of the many held in abeyance, the pause button has been removed. Municipal courts across the state are now resuming hearings, trials, and dispositions for DWI matters that had been placed on hold during the litigation.

At Bramnick, Grabas, Arnold & Mangan, LLC, we understand how overwhelming this news can be. You may have thought your case was a distant memory, only to receive a court notice in the mail this week. It is critical to understand what this ruling means, what it does not mean, and how we can help you navigate this sudden shift in the legal landscape.

The End of Legal Limbo: Understanding the Recent Ruling

The stay was originally put in place due to the case of State v. Cunningham. In that matter, the scientific reliability of the Alcotest 9510, the newer machine intended to replace the aging Alcotest 7110, was challenged. Because the challenge raised questions that had not yet been resolved through the appellate process, the court halted all cases relying solely on that machine while a Special Master conducted an investigation.

That being said, the litigation ended unexpectedly in late December 2025. The defendant in the lead case withdrew her challenge, leaving the court without a party in interest to continue the battle. Rather than leaving thousands of cases on hold indefinitely, the Supreme Court decided to dismiss the appeal and vacate the stay.

As we begin 2026, the implications are clear. The court system is now authorized to move forward with every DWI prosecution that was previously stayed. If you have been waiting for news on your case, that wait is likely over.

Does This Mean the Alcotest 9510 Is Now Considered Reliable?

One of the most important things for you to understand is that the Supreme Court did not actually rule that the Alcotest 9510 is scientifically reliable. Because the challenge was withdrawn before a final decision on the merits could be made, the court simply allowed the system to resume.

This is a crucial distinction for your defense. The court did not give the Alcotest 9510 a green light or a stamp of approval like it previously did for the older Alcotest 7110 model. Instead, the court noted that individual defendants still have the right to challenge the reliability, operation, and calibration of the device on a case by case basis.

We believe this may create important opportunities for a carefully prepared defense, depending on the facts of the case. Since there is no statewide ruling declaring the machine’s results as indisputable, we can still scrutinize the specific evidence in your file. We look at whether the machine was calibrated correctly, whether the operator was properly trained, and whether the foundational documents required by law were provided by the state.

Why the Timing Matters: The 2026 Municipal Court Rush

Because the stay lasted for over two years, there is a massive backlog of DWI cases currently hitting the New Jersey municipal court system. Judges and prosecutors are under immense pressure to clear these dockets quickly. This rush to resolution can be dangerous for a defendant if they do not have an advocate ensuring their rights are protected.

When you receive a notice for a new court date, it is not just a formality. It is the beginning of an active prosecution where the state will attempt to use breath test results that have been sitting in a file since 2023, 2024, or 2025. We are here to ensure that the passage of time has not compromised your right to a fair trial. For example, we investigate whether the evidence has been properly preserved and whether the witnesses for the state are still available and able to testify accurately.

The Consequences of a DWI Conviction in New Jersey

As we start 2026, the stakes of a DWI conviction remain as high as ever. That said, a significant law passed in April 2025 now provides a potential credit for those facing license loss. Under current guidelines, you may be eligible for a two for one credit toward your suspension period if you install an ignition interlock device early. This means for every two days the device is active, you could earn one day of credit toward your required suspension time. Our firm can help you determine if you qualify for this program to keep you on the road legally. Eligibility for this credit depends on the specific charge, timing, and court approval.

Even with this new credit, you must remember that other mandatory penalties still apply. A conviction for a first, second, or third offense can lead to heavy fines, insurance surcharges, and even jail time for repeat offenders. Because these penalties are so severe, you cannot afford to let your case proceed without a thorough review of the Alcotest 9510 data used against you. We know how to read these technical reports and identify the red flags that could lead to the suppression of evidence in your case.

How Bramnick Law Can Help You Right Now

Our firm has a long history of defending the rights of New Jersey residents. As experienced Union County DUI lawyers, we pride ourselves on being at the forefront of legal changes in the state. Jon Bramnick, our founding partner, is not only a seasoned trial attorney but also a leader in the New Jersey legislature. This gives our firm a deep understanding of how our laws are written, interpreted, and enforced.

When you work with Bramnick, Grabas, Arnold & Mangan, LLC, we take a comprehensive approach to your DWI defense:

• Requesting full discovery: We demand all the technical data related to the Alcotest 9510 used in your case, including the calibration records and the digital data downloads.
• Evaluating the stop: We examine whether the police had a legal reason to pull you over in the first place. If the initial stop was illegal, everything that followed, including the breath test, may be thrown out.
• Challenging field sobriety tests: We look at whether the officer administered the walk and turn or one leg stand tests correctly and whether environmental factors like weather or lighting played a role in the results.
• Consulting experts: We work with forensic experts who understand the inner workings of the Alcotest 9510 to find flaws in the state’s scientific evidence.

We believe that every person deserves a strong defense, especially when the state is using a device whose reliability has not yet been definitively ruled on by the New Jersey Supreme Court. We are prepared to stand by you as your case moves from the stay list to the active trial list.

Contact Bramnick Law Today for a Consultation To Discuss Your Case

If you have a pending DWI case that was affected by the Alcotest 9510 stay, the time to act is now. The courts are not waiting, and neither should you. We are ready to review your file, explain your options, and build a defense strategy tailored to your specific circumstances.

You can reach us by calling our office or visiting our website to schedule your consultation. We have offices conveniently located in Scotch Plains, Newark, Clifton, Cherry Hill, Elizabeth, and Westfield to serve you. Let us help you put this period of uncertainty behind you and fight for the best possible outcome in your case.

Disclaimer: The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.