Sobriety interlock with unsupervised confirmation of operator identity

• US 4,738,333 A
• Filed: 09/16/1986
• Issued: 04/19/1988
• Est. Priority Date: 09/16/1986
• Status: Expired due to Term

• Current Assignee: Sheram Enterprises Incorporated
• Original Assignee: Guardian Technologies LLC (Lasko Holdings, Inc.)
• Inventors: Collier, Donald W., Fuller, Kip L., Comeau, Felix J. E.
• Primary Examiner(s): Bertsch, Richard A.
• Application Number:
  US06/907,881
• Time in Patent Office: 581 Days
• Field of Search: 180/272, 423/63, 422/84, 340/52 R, 340/561, 340/562, 340/576, 307/10 R
• US Class Current: 180/272
• CPC Class Codes: A61B 5/18 for vehicle drivers or machine operators
• CPC Class Codes: B60K 28/063 preventing starting of vehicles
• CPC Class Codes: B60R 25/04 operating on the propulsion system, e.g. engine or drive motor

Abstract

A sobriety interlock system prevents a vehicle or other equipment from being started unless the identity of a designated operator is confirmed by the system and the operator passes a breath sobriety test. The designated operator is trained to perform a physical act, the successful completion of which can be determined by the system and which requires at least a predetermined number, N, of attempts to learn. A necessary precondition for starting the vehicle is satisfied when the system determines that the identity-confirming act has been performed in fewer than N attempts.

Claims

1. A method of avoiding circumvention of a vehicle sobriety interlock by confirming that the operator thereof is a designated operator, said method comprising the steps of:

(a) monitoring the performance of an identity confirming physical act by the operator, said identity confirming act requiring a sufficient degree of skill as to be incapable of performance in fewer than a predetermined number of attempts by substantially all persons other than designated operators who possess said degree of skill;

(b) determining whether said identity confirming physical act is correctly performed by the operator in fewer than said predetermined number of attempts and, if so,

(c) generating an identity-confirmation signal as a precondition for enabling a vehicle connected to the interlock to be started if the operator also delivers a breath sample to the interlock having an alcohol level sufficiently low to pass a breath sobriety test.

2. The method of claim 1 further comprising the step of preventing a vehicle from starting unless said breath sobriety test is based on a deep lung sample of breath.

3. The method of claim 2 wherein said step of preventing the vehicle from starting unless said breath sobriety test is based on a deep lung sample of breath comprises the steps of:

(a) determining whether said sample is delivered with an essentially continuous uninterrupted flow of breath of specified duration, and if not,

(b) preventing generation of a signal responsive to permit starting of the vehicle.

4. The method of claim 3 wherein said specified duration is at least four seconds.

5. The method of claim 1 wherein said physical act requires exhaling into said apparatus at the same location where breath samples are delivered and is performed at least partially during delivery of a breath sample for sobriety testing in order to prevent said physical act from being performed by a person other than the one delivering said breath sample.

6. The method of claim 1 wherein said physical act requires exhaling into said sobriety interlock at the same location where breath samples are delivered and is completed before delivery of a breath sample for sobriety testing commences, the time period between completion of said physical act and commencement of delivery of said breath sample being sufficiently short as to prevent said physical act from being performed by a person other than the one delivering the breath sample.

7. The method of claim 1 wherein said physical act requires exhaling into said sobriety interlock at the same location where breath samples are delivered and is commenced after delivery of a breath sample for sobriety testing is completed, the time period between completion of delivery of said breath sample and commencement of said physical act being sufficiently short as to prevent said physical act from being performed by a person other than the one delivering the breath sample.

8. The method of claim 1 wherein said physical act comprises:

blowing at least one burst of breath of specific duration into said sobriety interlock.

9. The method of claim 1 wherein said physical act comprises:

blowing a plurality of bursts of breath with pauses therebetween into said sobriety interlock, at least one of said bursts of breath being of specified duration.

10. The method of claim 9 wherein at least one of said bursts of breath is preceded by a grace period, said identity-confirmation signal being generated only if said burst commences at least by the conclusion of said grace period.

11. The method of claim 1 wherein said physical act comprises:

blowing a plurality of bursts of breath with pauses therebetween into said sobriety interlock, at least one of said pauses being of specified duration.

12. The method of claim 11 wherein at least one of said pauses is preceded by a grace period, said identity-confirmation signal being generated only if said pause commences at least by the conclusion of said grace period.

13. The method of claim 1 wherein said physical act comprises:

blowing a plurality of bursts of breath with spaces therebetween into said sobriety interlock, at least one of said bursts and at least one of said pauses being of specified duration.

14. The method of claim 1 wherein said physical act comprises:

using at least one of the lips, mouth, tongue and vocal chords to generate at least one tone within in a specified frequency range.

15. The method of claim 1 wherein said physical act comprises:

using at least one of, the lips, mouth, tongue, vocal chords and lungs, to generate at least one tone within a specified frequency range and at least partially concurrently therewith, actuating at least one switch.

16. The method of claim 15 further comprising the steps of:

(a) measuring the amplitude of a signal correlated to the amplitude of said tone, and

(b) generated a validity signal to satisfy a required condition for enabling the vehicle to be started when the amplitude of said signal is maintained above a predetermined magnitude for a period of time sufficient to insure a deep lung sample of breath.

17. The method of claim 1 wherein said physical act comprises:

coordinated blowing of breath into said interlock and actuating at least one switch by means other than blowing.

18. The method of claim 1 further comprising the step of providing at least one humanly perceptible indication when at least a portion of said physical act is performed correctly.

19. The method of claim 18 wherein said indication is not provided unless said breath sobriety test is passed before said physical act is attempted.

20. A method of confirming the identity of an operator of a sobriety interlock for a vehicle and assuring a deep lung sample of breath, comprising the steps of:

(a) monitoring the performance of an identity confirming physical act by the operator, said identity confirming act requiring a sufficient degree of skill as to be incapable of performance in fewer than a predetermined number of attempts by substantially all persons other than designated operators who possess said degree of skill;

(b) sensing a parameter correlated to the flow of breath to determine whether breath has been exhaled essentially continuously without interruption in excess of a minimum flow for at least a minimum period, said minimum flow and said minimum period having been selected to insure a deep lung sample of breath and, if so,

(c) generating a validity signal to satisfy a first required condition for enabling the vehicle to be started;

(d) determining whether said identity confirming physical act is performed in fewer than said predetermined number of attempts and if so,

(e) generating an identity-confirmation signal to satisfy a second required condition for enabling the vehicle to be started.

21. The method of claim 20 wherein said vehicle is enabled to be started only if both said first and second required conditions are satisfied by the same exhalation of breath.

22. The method of claim 20 further comprising the step of providing at least one humanly perceptible indication when at least a portion of said physical act is performed correctly.

23. The method of claim 22 wherein said indication is not provided unless said breath sobriety test is passed before said physical act is attempted.

24. An apparatus for avoiding circumvention of a vehicle sobriety interlock by confirming that the operator thereof is a designated operator, said apparatus comprising:

(a) identity-confirmation sensing means operable to monitor the performance of an identity confirming physical act by the operator, said identity confirming act requiring a sufficient degree of skill as to be incapable of performance in fewer than a predetermined number of attempts by substantially all persons other than designated operators who possess said degree of skill, and

(b) identity-confirmation signal generating means responsive to said confirmation sensing means for generating an identity-confirmation signal when said physical act has been performed in fewer than said predetermined number of attempts, generation of said identity-confirmation signal being a required condition for enabling the vehicle to be started.

25. The apparatus of claim 24 further comprising:

sample validity determining means for enabling the vehicle to be started only if said breath sobriety test is based on a deep lung sample of breath.

26. The apparatus of claim 25 wherein said sample validity determining means comprises:

(a) sample validity sensing means for sensing a parameter correlated to the flow of breath and

(b) validity signal generating means responsive to said sample validity sensing means to generate a validity signal when breath has been exhaled into the interlock essentially continuously without interruption at at least a minimum flow for at least a minimum time period, generation of said validity signal being a required condition for enabling the vehicle to be started.

27. The apparatus of claim 26 wherein said sample validity sensing means comprises a first pressure switch and said identity-confirmation sensing means comprises a second pressure switch, both of said pressure switches being operatively disposed to sense the flow of breath into said interlock, said second pressure switch having a higher switching pressure threshold than said second pressure switch.

28. The apparatus of claim 26 wherein said sample validity sensing means and said identity confirmation sensing means comprise at least one analog pressure sensor.

29. The apparatus of claim 28 wherein said analog pressure sensor comprises a piezoresistive pressure sensor.

30. The apparatus of claim 26 wherein said sample validity determining means comprises means to generate a tone in response to the flow of breath into the interlock.

31. The apparatus of claim 26 further comprising:

(a) anti-defeat means operably connected to said validity signal generating means so that said validity signal cannot be generated unless said anti-defeat means is continuously actuated during said time period.

32. The apparatus of claim 24 wherein said anti-defeat means comprises a momentary contact switch.

33. The apparatus of claim 24 wherein said anti-defeat means comprises a pair of momentary contact switches.

34. The apparatus of claim 24 wherein said identity-confirmation signal generating means is adapted to generate an identity-confirmation signal only when said physical act is performed at least partially temporally overlapping delivery of a breath sample for sobriety testing in order prevent said physcial act from being performed by a person other than the one delivering said breath sample.

35. The apparatus of claim 24 wherein said physical act requires exhaling into said apparatus at the same location where breath samples are delivered and wherein said indentity-confirmation signal generating means is adapted to generate an identity-confirmation signal when said physical act is completed before delivery of a breath sample for sobriety testing commences, the time period between completion of said physical act and commencement of delivery of said breath sample being sufficiently short as to prevent said physical act from being performed by a person other than the one delivering the breath sample.

36. The apparatus of claim 24 wherein said identity-confirmation sensing mans comprises:

flow sensing means operative to generate a blowing signal when the flow of breath into said apparatus is greater than or equal to a predetermined level.

37. The apparatus of claim 36 wherein said sample validity sensing means comprises at least one member of the group consisting of, a flow sensor, a pressure switch, an analog pressure sensor, a temperature sensor and a humidity sensor.

38. The apparatus of claim 36 wherein said identity-confirmation signal generating means comprises computing means responsive to said blowing signal to generate an identity-confirmation signal when said blowing signal comprises at least one pulse of specified duration.

39. The apparatus fo claim 36 wherein said identity-confirmation signal generating means comprises computing means responsive to said blowing signal to generate an identity-confirmation signal when said blowing signal comprises a plurality of pulses with pauses therebetween, at least one of said pauses being of specified duration.

40. The apparatus of claim 24 wherein said identity-confirmation sensing means comprises flow sensing means responsive to the flow of breath into the interlock and at least one switch actuated by means other than blowing breath into the interlock.

41. The apparatus of claim 40 wherein said flow sensing means comprises at least one member of the group consisting of, a flow sensor, a pressure switch, an analog pressure sensor and a humidity sensor.

42. The apparatus of claim 24 wherein said identity-confirmation sensing means comprises flow sensing means responsive to the flow of breath into the interlock and at least one switch actuated by means other than blowing breath into the interlock.

43. The apparatus of claim 24 wherein said identity-confirmation sensing means comprises means responsive to generate a tone using at least one of, the lips, mouth, tongue, vocal chords and lungs.

44. The apparatus of claim 24 further comprising means for providing at least one humanly perceptible indication when at least a portion of said physical act is performed correctly.

45. The apparatus of claim 44 wherein said indication is not provided unless said breath sobriety test is passed before said physical act is attempted.

46. A vehicle sobriety interlock method, comprising the steps of:

(a) measuring the alcohol content of a breath sample from an operator, then;

(b) determining whether said operator is a designated operator based on the ability of the operator to perform a predetermined identity confirming physical act in fewer than a predetermined number of attempts, said identity confirming act requiring a sufficient degree of skill as to be incapable of performance in fewer than said predetermined number of attempts by persons other than designated operators who possess such skill, said determining step being performed only if said alcohol content does not exceed a predetermined limit, then;

(c) permitting the vehicle to be started only if said operator is determined to be a designated operator after said alcohol content of said breath sample has been measured and found not to exceed said predetermined limit.

47. A sobriety interlock for a vehicle, comprising:

(a) measuring means for measuring the alcohol content of a breath sample from an operator;

(b) identity confirmation means for determining, whether said operator is a designated operator based on the ability of the operator to perform a predetermined identity confirming physical act in fewer than a predetermined number of attempts, a said identity confirming act requiring a sufficient degree of skill as to be incapable of performance in fewer than said predetermined number of attempts by persons other than designated operators who possess such skill;

(c) enabling means operably connected to said measuring means and said identity confirmation means to enable said identify confirmation means only if said alcohol content as measured by said measuring means does not exceed a predetermined limit; and

(d) means for permitting the vehicle to be started only if said operator is determined by said identity confirmation means to be a designated operator after said breath sample measured by said measuring means not to exceed said predetermined limit.

48. A vehicle sobriety interlock method, comprising the steps of:

(a) measuring the alcohol content of a breath sample from an operator, then;

(b) disabling identity confirmation means to prevent determining whether said operator is a designated operator only if said measured alcohol content exceeds a predetermined limit, otherwise;

(c) enabling identity confirmation means of said alcohol contant does not exceed said predetermined limit to determine whether said operator is a designated operator, then;

(d) permitting the vehicle to be started only if said operator is determined by said identity confirmation means to be a designated operator after said alcohol content of said breath sample measured by said measuring means has been found not to exceed said predetermined limit.

49. A sobriety interlock for a vehicle, comprising:

(a) measuring means for measuring the alcohol content of a breath sample from an operator;

(b) identity confirmation means for determining whether said operator is a designated operator based on the ability of the operator to perform a predetermined identity confirming physical act in fewer than a predetermined number of attempts, said identity confirming act requiring a sufficient degree of skill as to be incapable of performance in fewer than said predetermined number of attempts by persons other than designated operators who possess such skill;

(c) enabling means operably connected to said measuring means and said identity confirmation means to enable said identity confirmation means only if said alcohol content measured by said measuring means does not exceed a predetermined limit and otherwise, to disable said identity confirmation means; and

(d) means for permitting the vehicle to be started only if said operator is determined by said identity confirmation means to be a designated operator after said alcohol content of said breath sample measured by said measuring means has been found not to exceed said predetermined limit.

50. A method of avoiding circumvention of a vehicle sobriety interlock by confirming that the operator thereof is a designated skilled operator, said method comprising the steps of;

(a) monitoring the performance of an identity confirming physical act by the operator, wherein said identity confirming act can be learned by a previously unskilled operator only by attempting said act more than a predetermined number of times;

(b) determining whether said identity confirming physical act is correctly performed by the operator in fewer than said predetermined number of attempts and, if so,

(c) generating an identity-confirming signal as a precondition for enabling a vehicle connected to the interlock to be started if the operator also delivers a breath sample to the interlock having an alcohol level sufficiently low to pass a breath sobriety test.

51. A method of confirming the identity of an operator of a sobriety interlock for a vehicle and assuring a deep lung sample of breath, comprising the steps of:

(a) monitoring the performance of an identity confirming physical act by the operator, wherein said identity confirming act can be learned by a previously unskilled operator only by attempting said act more than a predetermined number of times;

(b) sensing a parameter correlated to the flow of breath to determine whether breath has been exhaled essentially continuously without interruption in excess of a minimum flow for a least of minimum period, said minimum flow and said minimum period having been selected to insure a deep lung sample of breath and, if so,

(c) generating a validity signal to satisfy a first required condition for enabling the vehicle to be started;

(d) determining whether said identity confirming physical act is performed in fewer than said predetermined number of times and if so,

(e) generating an identity-confirmation signal to satisfy a second required condition for enabling the vehicle to be started.

52. An apparatus for avoiding circumvention of a vehicle sobriety interlock by confirming that the operator thereof is a designated skilled operator, said apparatus comprising:

(a) identity-confirmation sensing means operable to monitor the performance of an identity confirming physical act by the skilled operator, wherein said identity confirming act can be learned by a previously unskilled operator only by attempting said act more than a predetermined number of times;

(b) identity-confirmation signal generating means responsive to said confirmation sensing means for generating an identity-confirmation signal when said physical act has been performed in fewer than said predetermined number of attempts, generation of said identity-confirmation signal being a required condition for enabling the vehicle to be started.

53. A sobriety interlock for a vehicle which requires operation by a skilled operator to enable vehicle operation said interlock comprising:

(a) means for confirming receipt of an acceptable breath sample;

(b) means for confirming the performance of an identity cofirming act by said skilled operator in fewer than a predetermined number of attempts, said act being incapable of performance by substantially all unskilled operators in less than said predetermined number of attempts, both confirmations being required for operation of said interlock to enable vehicle operation.

54. An interlock as in claim 53 wherein said identity confirming act can be learned by a previously unskilled person only by attempting said act more than said predetermined number of times.

55. A sobriety interlock for a vehicle, said sobriety interlock comprising:

(a) identity confirming means for monitoring the performance of an identity confirming physical act by a prospective operator and generating an identity confirmed signal upon performance of said act to satisfy a first necessary precondition for enabling said vehicle to be started, said identity confirming act requiring a sufficient degree of skill as to be incapable of performance by substantially all persons other than designated operators who possess said degree of skill;

(b) breath alcohol testing means adapted to receive a breath sample from the prospective operator and determining the alcohol content of said sample and, in the event said alcohol content is acceptable, generating a pass signal to satisfy a second necessary precondition for enabling said vehicle to be started; and

(c) enabling means connected to said identity confirming means and said breath alcohol testing means and connecting to the vehicle to enable the vehicle to be started when at least said first and second necessary preconditions have been satisfied.

56. The interlock of claim 55 further comprising means to insure said breath sample is a deep lung breath sample and, if so generate a validity signal as a third necessary precondition for enabling said vehicle to be started.

57. The interlock of claim 55 wherein said identity confirming means and said breath alcohol testing means include a common breath delivery port whereat said prospective operator must blow breath to deliver said breath sample and to perform said identity confirming act.

58. The interlock of claim 55 wherein said enabling means includes means for requiring at least a portion of identity confirming act to be performed substantially contemporaneously with at least a portion of delivery of said breath sample.

59. The interlock of claim 55 further including means for preventing starting of the vehicle for at least a predetermined period of time upon failure to perform said identity confirming act in fewer than a predetermined number of attempts regardless of whetehr any other preconditions for allowing the vehicle to start have been satisfied.

60. A sobriety interlock method for controlling starting of a vehicle, said method comprising the steps of:

(a) confirming the identity of a prospective operator as a designated individual by requiring said operator to perform an identity confirming physical act, said act requiring a sufficient degree of skill as to be incapable of performance by substantially all persons other than designated individuals who possess said degree of skill;

(b) generating an identity confirmed signal to satisfy a first necessary precondition for enabling the vehicle to be started in the event said identity confirming act is performed;

(c) testing the alcohol content of a breath sample delivered by the prospective operator to determine the alcohol content of said sample;

(d) generating a pass signal if said alcohol content is acceptable to satisfy a second necessary precondition for enabling the vehicle to be started; and

(e) enabling the vehicle to be started when at least said first and second preconditions have been satisfied.

61. The method of claim 60 further comprising the step of:

determining whether said breath sample corresponds to a deep lung sample of breath and, if so, generating a validity signal as a third necessary precondition for enabling the vehicle to be started.

62. The method of claim 60 wherein said identity confirming act requires blowing breath at the same physical location whereat the prospective operator must blow to deliver said breath sample.

63. The method of claim 61 wherein at least a portion of said identity confirming act is performed substantially contemporaneously with at least a portion of delivery of said bearth sample.

64. The method of claim 62 further comprising the step of determining whether said identity confirming act has been performed in fewer than a predetermined number of attempts regardless of whether any other preconditions for allowing the vehicle to start have been satisfied.