Many important changes are occurring in DWI law. It is important that you have good information concerning these changes so that good decisions can be made.
One of the most important issues involves the decision of the State of New Jersey to replace the Alcotest 7110 breath test device, which has been in use for some time in New Jersey to determine Blood Alcohol Content from a breath sample, with a more recent model, the Alcotest 9510.
As with any new scientific instrument used for evidential purposes, it must first be determined to be scientifically reliable by our New Jersey Supreme Court. That process recently began with the appointment of a Judge referred to as a Special Master. That Judge will consider information provided by the State and defense attorneys. He will then provide a report to the New Jersey Supreme Court, who will determine if and how the new device will be used in DWI prosecutions.
Even though the new device has not been approved, the State has gone ahead with usage in Monmouth County and is continuing to start usage through the State. As this is the case, even though the machine may be used by police in DWI investigations, the results from the tests cannot be usedas evidence against a driver until the Supreme Court makes its determination. A decision can be expected in early 2025. Until that time, DWI prosecutions using this device are being stayed until the status of the 9510 is established. We will update this status as further information becomes available.