Apparatus and method to deter circumvention of a breath sobriety test

• US 4,902,628 A
• Filed: 08/24/1988
• Issued: 02/20/1990
• Est. Priority Date: 08/24/1988
• Status: Expired due to Term

• Current Assignee: Sheram Enterprises Incorporated
• Original Assignee: Guardian Technologies LLC (Lasko Holdings, Inc.)
• Inventors: Blair, R. Gregory
• Primary Examiner(s): Richman, Barry S.
• Assistant Examiner(s): McMahon, Timothy M.
• Application Number:
  US07/236,010
• Time in Patent Office: 545 Days
• Field of Search: 436/132, 436/148, 436/900, 422/84, 180/272, 307/10.6, 340/576
• US Class Current: 436/132
• CPC Class Codes: G01N 33/4972 Determining alcohol content for vehicle safety devices B60K28/06
• CPC Class Codes: Y10S 436/90 Breath testing
• CPC Class Codes: Y10T 436/204165 Ethanol

Abstract

An apparatus and method to deter circumvention of sobriety breath tests. As a precondition to passing the test, the invention requires an operator/test subject to apply a suction at the sample delivery port within a predetermined time of delivering a breath sample thereinto. The delay, if any, between the required sucking and the delivery of the breath sample is selected to be short thereby deterring a substitution of gas sources. In this way, the invention effectively deters circumvention of sobriety breath tests due to attempts to supply bogus gas samples from a positive pressure gas source incapable of applying a reverse pressure gradient.

Claims

1. A breath sobriety test apparatus, comprising:

(a) alcohol sensor means for detecting alcohol in the breath of a test subject;

(b) conduit means having an inlet for receiving breath flow from a test subject, said conduit means communicating with said alcohol sensor means for conducting breath from said inlet to said alcohol sensor means;

(c) flow sensing means operably connected to said conduit means for generating a first signal when a first predetermined flow of breath is delivered into said conduit by way of said inlet and a second signal when a second predetermined flow of breath is withdrawn from said conduit by way of said inlet; and

(d) control means operably connected to said alcohol sensor means and to said flow sensing means, said control means operating to generate a test passed signal indicating that a breath sobriety test has been passed only in the event that;

(i) said control means detects the presence of said first signal indicating delivery of a breath sample to said alcohol sensor means, and

(ii) said alcohol sensor means detects less than a predetermined level of alcohol present in said breath sample, and

(iii) said control means detects the presence of said second signal within a predetermined time of said detection of said first signal.

2. The apparatus of claim 1 further comprising interlock means connected to said control means and connectable to a machine to enable operation of said machine only in the event said test passed signal is generated.

3. The apparatus of claim 1 further comprising timing means connected to said flow sensing means, said timing means operating to precondition generation of said first signal upon said first predetermined flow of breath being essentially continuous and uninterrupted for at least a predetermined minimum length of time sufficient to ensure delivery of a deep lung breath sample.

4. The apparatus of claim 1 wherein said flow sensing means includes at least one pressure-responsive device operably disposed to sense a pressure which varies in accordance with the pressure in said conduit.

5. The apparatus of claim 1 wherein said flow sensing means comprises a first pressure sensor and a second pressure sensor each operably connected to said conduit to sense a pressure related to the pressure within said conduit.

6. The apparatus of claim 5 wherein said first pressure sensor responds when said sensed pressure exceeds a first predetermined pressure threshold above a specified reference pressure and said second pressure sensor responds when said sensed pressure drops below a second predetermined pressure threshold lying below said specified reference pressure.

7. A breath sobriety test apparatus, comprising:

(a) alcohol sensor means for detecting alcohol in the breath of a test subject;

(b) conduit means having an inlet for passing breath flow between said apparatus and said test subject, said conduit means communicating with said alcohol sensor means for conducting breath from said inlet to said alcohol sensor means;

(c) flow sensing means operably connected to said conduit means for generating a first signal when a first predetermined flow of breath is delivered into said conduit by way of said inlet and a second signal when a second predetermined flow of breath is withdrawn from said conduit by way of said inlet;

(d) identity confirmation means operable to sense performance of an identity-confirming act and generate an identity confirmed signal upon sensing performance of said act, said performance requiring, at least in part, the delivery of breath into said conduit by way of said inlet, and

(e) control means operably connected to each of said alcohol sensing means, said flow sensing means and said identity confirmation means, said control means operating to generate a test passed signal indicating that a breath sobriety test has been passed only in the event that;

(i) said control means detects the presence of said first signal indicating delivery of a breath sample to said alcohol sensor means, and

(ii) said alcohol sensor means detects less than a predetermined level of alcohol present in said breath sample, and

(iii) said control means detects the generation of said identity confirmed signal indicating that said test subject is a designated individual, and

(iv) said control means detects the presence of said second signal within a predetermined time of at least one of;

generation of said first signal and generation of said identity confirmed signal.

8. The apparatus of claim 7 further comprising interlock means connected to said control means and connectable to a machine to enable operation of said machine only in the event said test passed is generated.

9. The apparatus of claim 7 further comprising timing means connected to said flow sensing means, said timing means operating to precondition generation of said first signal upon said first predetermined flow of breath being essentially continuous and uninterrupted for at least a predetermined minimum time sufficient to ensure delivery of a deep lung breath sample.

10. The apparatus of claim 7 wherein said flow sensing means includes at least one pressure-responsive device operably disposed to sense a pressure which varies in accordance with the pressure in said conduit.

11. The apparatus of claim 7 wherein said flow sensing means comprises a first pressure sensor and a second pressure sensor each operably connected to said conduit to sense a pressure related to the pressure within said conduit.

12. The apparatus of claim 8 wherein said machine is a vehicle.

13. The apparatus of claim 11 wherein said first pressure sensor responds when said sensed pressure exceeds a first predetermined pressure threshold above a specified reference pressure and said second pressure sensor responds when said sensed pressure drops below a second predetermined pressure threshold lying below said specified reference pressure.

14. A sobriety interlock for a machine, said sobriety interlock, comprising:

(a) alcohol sensor means for detecting alcohol in the breath of a test subject;

(b) conduit means having an inlet for receiving a flow of breath from the test subject and for conducting a flow of breath delivered thru said inlet by the test subject to said alcohol sensor;

(c) flow sensing means operably connected to said conduit means for generating a first signal when a predetermined flow of breath is withdrawn from said inlet, and

(d) control means connected to said flow sensing means and said alcohol sensor means, and connectable to the machine to selectively enable operation of the machine provided at least one predetermined condition, including generation of said signal, is satisfied.

15. The sobriety interlock of claim 14 further comprising identity-confirmation means operable to generate an identity-confirmed signal in response to a predetermined input, generation of said indentity-confirmed signal comprising a further said predetermined condition required to enable starting of the machine by said control means.

16. The sobriety interlock of claim 14 wherein said input comprises the delivery of breath into said conduit according to predetermined flow characteristics.

17. The sobriety interlock of claim 14 wherein said control means, as a further said predetermined condition to enabling operation of the machine, requires that not more than a predetermined level of alcohol be detected by said alcohol sensor.

18. A breath sobriety test method comprising the steps of:

(a) sensing the flow of breath in a conduit connecting an inlet with alcohol sensor means and generating a first signal upon sensing a first predetermined flow of breath delivered into said conduit by way of said inlet and generating a second signal upon sensing a withdrawal of a second predetermined flow of breath from said conduit by way of said inlet, and

(b) generating a test pass signal indicating that a breath sobriety test has been passed only if;

(i) said first signal is generated indicating delivery of a breath sample to said alcohol sensor means, and

(ii) said alcohol sensor means detects less than a predetermined level of alcohol present in said breath sample, and

(iii) said second signal is generated within a predetermined time of said generation of said first signal.

19. The method of claim 18 further comprising the step of enabling a machine to be started only in the event said test passed signal is generated.

20. The method of claim 18 further comprising the steps of enabling generation of said first signal only if at lest said first predetermined flow of breath is delivered into said conduit continuously and without interruption for at least a predetermined minimum length of time sufficient to ensure delivery of a deep lung breath sample.