Generally, discovery materials in a drunk driving cases are all of the documents that relate to the investigation of the drunk driving/DWI incident, other documents associated with the use and reliability of the scientific tests usually associated with cases of this nature, as well as the credentials of the person who conducted those test. These documents are called discovery materials because it allows an accused the opportunity to virtually discover all of the information that may relate to the government's case. The law requires the government to produce discovery materials in drunk driving/DWI cases because penalties associated with drunk driving/DWI are severe.

Recently, the Appellate Division was required to address an issue relating to the government's refusal to produce certain documents pertaining to an Alcotest. In that case, the defendant requested certain components of the machine’s database memory. In analyzing the issue, the court returned to the Supreme Court's decision in State v. Chun, and observed that the Supreme Court in that case determined that the government was required to disclose 12 categories of documents referred to as "foundational documents” in the discovery process. These foundational documents, so the Court observed, were critical to allow a defendant the opportunity to challenge the accuracy and reliability of the Alcotest.  Although the documents demanded by defendant in the appellate case was not one of these fundamental documents, the court said, there are times when more than the fundamental documents must be provided.  In reaching this decision, the court looked to a another case decided by another appellate panel in 2010. In the earlier case, the court determined that the government, if requested, had a responsibility to produce prior results of the Alcotest from the date of its last calibration to the date of defendant's arrest.