Apparatus and method for avoiding circumvention of an identity confirming breath tester
First Claim
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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Accused Products
Abstract
A breath sobriety test system deters circumvention of a test having an alcohol measuring phase and an identification phase. In an alcohol measuring phase, the alcohol content of a breath sample delivered by an operator/test subject is measured in the conventional manner according to the electrical output signal of an alcohol sensor. In the identification phase, the operator/test subject confirms his or her identity as a designated individual by performing an identity-confirming act recognizable by the system. The identity-confirming act includes delivering breath to the system. The response of the alcohol sensor to the breath delivered in the identification phase is compared with the reading taken during the alcohol measuring phase. If the two readings differ by more than a predetermined amount and in particular if the identification phase reading exceeds the alcohol measurement phase reading by more than said amount, the test is not passed regardless of whether the alcohol measurement is otherwise acceptable and regardless of whether the identity-confirming act is performed correctly.
67 Citations
17 Claims
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1. A sobriety breath test apparatus, comprising:
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(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. - View Dependent Claims (2, 3, 4, 5, 6, 7, 8, 9)
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10. A method of avoiding circumvention of a breath sobriety tester of the type having an alcohol sensor operable to generate an electrical signal related to the amount of alcohol present in breath to which the sensor is exposed, said method comprising the steps of:
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(a) delivering a first sample of exhaled breath to the alcohol sensor; (b) taking a first reading of the electrical signal generated by the alcohol sensor in response to said breath sample; (c) monitoring an attempt to perform an identity-confirming act in order to confirm the identity of a test subject in accordance with the ability of the test subject to perform said act, said act requiring delivery of a second breath sample to the sensor; (d) taking a second reading of the electrical signal generated by the alcohol sensor in response to said second breath sample, and (e) generating a test fail signal in the event said second reading differs from said first reading by more than a predetermined amount. - View Dependent Claims (11, 12, 13, 14, 15, 16, 17)
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Specification