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Apparatus and method for avoiding circumvention of an identity confirming breath tester

  • US 4,914,038 A
  • Filed: 08/12/1988
  • Issued: 04/03/1990
  • Est. Priority Date: 06/17/1988
  • Status: Expired due to Term
First Claim
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1. A sobriety breath test apparatus, comprising:

  • (a) sampling means for receiving exhaled breath from a test subject, said sampling means including an alcohol sensor for generating an electrical signal related to the level of alcohol in the breath;

    (b) identity confirming means connected to said sampling means for confirming the identity of the test subject in accordance with the ability of the test subject to perform an identity-confirming act, said act requiring the delivery of breath into said sampling means;

    (c) means for reading said electrical signal to produce a first reading related the level of alcohol in a breath sample received by said sampling means and a second reading reflecting the response of said sensor to breath delivered to said sampling means during an attempt to perform said identity-confirming act, and(d) means for comparing said first and second readings and generating a test fail signal in the event said second reading differs from said first reading by more than a predetermined amount.

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