New Jersey Appellate Division – opinion on alcohol influence report (AIR) issuance.

September 18, 2015

On February 27, 2015, the New Jersey Appellate Division delivered a published opinion on the issue of the requirements that a defendant be

supplied a copy of the alcohol influence report (AIR).


The defendant was charged with violating N.J.S.A. 39:4­50, Driving Under the Influence of Alcohol. The Supreme Court of New Jersey has previously

decided in State vs. Chun,  that the Alcotest was scientifically reliable. Defendant filed a suppression based upon the fact that

Defendant was not provided a copy of the AIR report at the police station.


The Appellate Division found that no suppression was required of the Alcotest results even if there was no AIR provided to the defendant at

the police station absent a showing of prejudice.