Was the Defendant Drunk or Concussed? If a person who is charged with a DUI and has a concussion, a review of the medical records by an expert can determine if the defendant has either:[table “1122161” not found /]
Concussion is a form of Mild Traumatic Brain Injury (MTBI) in which the brain is impacted sufficiently to result in neurological symptoms but not enough to cause any visible changes on radiology exams. A concussion can result from any impact to head, or any incident in which the brain is shifted within the skull. In motor vehicle accidents, the brain may impact the inside of the skull either as a result of an external impact, as with the windshield or steering wheel; OR a mechanism by which a sudden stop causes the brain to shift within the skull. Therefore, external impact is not necessary to result in a concussion. Likewise, a loss of consciousness is not necessary for a diagnosis of concussion.
A graph on the CDC website (also below) is a great tool to review the signs and symptoms of concussion. As you can see, the vast majority of these symptoms are also present in alcohol and drug intoxication. In addition, many of these symptoms may affect a person’s ability to understand questions they are being asked OR their ability to coherently answer questions.[table “1122162” not found /]
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