Measuring and testing – Gas analysis – Breath analysis
Reexamination Certificate
2003-03-07
2004-06-15
Larkin, Daniel S. (Department: 2856)
Measuring and testing
Gas analysis
Breath analysis
C422S084000, C180S272000, C340S426100, C340S426110, C340S426190, C340S426200, C340S426210, C348S148000, C600S532000, C600S543000
Reexamination Certificate
active
06748792
ABSTRACT:
FIELD OF THE INVENTION
The present invention relates to devices commonly referred to as “sobriety interlocks,” which are connectable to a vehicle, such as a car or a truck, and which normally operate to disable the vehicle from starting if it is determined, through the delivery of a breath alcohol test, that the intended user has recently consumed alcohol. More particularly, the present invention relates to an alcohol interlock device which is able to positively identify the tester who provides an impairment sample before the vehicle is allowed to start, as well as the tester who provides subsequent samples while operating the vehicle. The invention also relates to identifying testers who must provide samples for alcohol abstinence monitoring.
BACKGROUND OF THE INVENTION
The operation of motor vehicles by individuals who are impaired or under the influence of alcohol is a major safety problem. In addition, the operation of a vehicle while under the influence of alcohol can not only put the operator in severe danger, but can also affect the safety of others, such as the drivers and passengers in other vehicles.
Recognizing the seriousness of driving while under the influence, many laws have been written prohibiting such conduct and providing various methods for dealing with such offenses when they occur. For example, a court or licensing authority may suspend the driving privileges of someone who is convicted of driving while under the influence of alcohol or may require that a sobriety interlock system be installed in his or her vehicle. Additionally, a state may require repeat offenders to install such devises as a condition of having their license reinstated. Finally, abstinence from the use of any alcohol may be a condition of a repeat offender's parole or probation.
A sobriety interlock device, when installed in an individual's vehicle, requires that the individual pass a sobriety test before the vehicle can be started. However, since the use of impairment detection interlocks is normally done outside the presence of law enforcement or any other supervising authority, and since a penalty may be attributed to a failed test, e.g., the vehicle will not start and a condition of parole may be violated, there can be a temptation to tamper with the impairment detectors to attempt to fraudulently affect its results. For example, a sobriety interlock that uses a breath sample to determine intoxication could be defeated if someone who is not intoxicated, like a child, provides the sample. Once the clean sample is provided, and the vehicle starts, the impaired driver then drives away. If the designated tester has been drinking, he or she may ask someone who is sober to take the test for them and thus circumvent the interlock. Accordingly, there is a need to identify who is taking the test, whether the tester passed or failed, to minimize circumvention and to be able to impose violation sanctions.
Additionally, when a term of probation or parole requires alcohol abstinence or prohibits a person from attempting to operate a vehicle after consuming alcohol or after being impaired by alcohol, failing a breath test can result in incarceration. However, with past systems, when a test detected prohibited levels of alcohol, the intended tester, e.g., the owner of the vehicle, could simply argue that someone else took and failed the test and thus avoid incarceration.
To deter fraudulent testing or circumvention some systems require random retesting while the vehicle is in operation. However, just as a sober individual, like a child, can fraudulently take the initial test before the vehicle is allowed to start, that same individual could also ride along with the driver and fraudulently take a driving retest. Additionally, some systems require a user to perform a certain identifying act, such as a sequence of blows. However, breath pulse codes can be copied by others and, therefore, do not provide definite proof of the identity of the impairment tester.
Impairment detection systems are also used in conjunction with home confinement, or during an individual's probation. For example, as a term of probation, or as a term of a home confinement sentence, an individual may be required to periodically take a test for alcohol. Accordingly, a similar situation develops in that the identity of the user providing the sample must be confirmed. In an attempt to monitor and provide positive identification of the individual providing the sample, video cameras have been used. However, such monitoring can be less than desirable due to the amount of storage required by a video stream, the bandwidth required for transmission of such a video stream, and the requirement for a human monitor to review the video stream. The in home systems used for alcohol abstinence are typically not designed to be portable and generally cost more to operate than vehicle interlock systems. Moreover, the use of a camera in an automobile, or in a home, can further be defeated due to adverse lighting conditions or poor camera angles.
Accordingly, there is a need for a detection device to positively identify the individual who is subject to an impairment analysis. There is also a need for an impairment detection device that can desirably archive the requisite data to positively identify the impairment tester. There is also a need to deter circumvention of impairment detection systems. There is also a need to provide a low cost system for abstinence monitoring systems.
OBJECTS OF THE INVENTION
It is an object of the applicant's invention to improve the identification of the user of an impairment detection device. It is also an object of the applicant's invention to deter easy circumvention of an interlock system. It is another object of the applicant's invention to provide an improved impairment detection device for use in probation or home confinement situations.
SUMMARY OF THE INVENTION
The present invention achieves these objects and overcomes the foregoing and other shortcomings and drawbacks of interlock systems and methods heretofore known. The present invention comprises a camera built into the hand-held alcohol sampling portion of an interlock device, which records the image of an individual as he is providing a breath sample.
The present invention utilizes a video camera to receive the image of the individual who is the subject of an impairment test and analysis. Moreover, in an effort to minimize fraudulent test activity, the present invention can further provide an exposure evaluator or monitor to evaluate whether the video images are properly exposed. The present invention further provides an attitude evaluator to ensure that the device is property positioned before, during, and after a test to ensure an acceptable identifying camera angle. The present invention can also utilize a holster whereby the camera can be required to be positioned so as to enable surveillance of the driver. Finally, the device provides for a timing module and calculator whereby only certain images corresponding to critical times during a test need to be saved.
The above and other objects and advantages of the present invention shall be made apparent from the accompanying drawings and the descriptions thereof.
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Couch Sherman
Freund Richard C.
Knowles Thomas E.
Larkin Daniel S.
LifeSafer Interlock, Inc.
Wood Herron & Evans L.L.P.
LandOfFree
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