Beyond the Checkbox
Part 2: Identifying Medical and Scientific Issues through the Client Intake Questionnaire
Counterpoint Volume 10: Issue 2 - Article 2 (September 2026)
Jan Semenoff, BA, EMA
Forensic Criminalist
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Information:Article - 2000 words (approximately 10-12 minutes)
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Abstract
Clients cannot be expected to recognize the forensic significance of every medical condition, symptom, functional limitation, occupational exposure, or event occurring during a DUI investigation. They may answer questions truthfully while providing information that remains medically incomplete. This article examines how a properly designed general questionnaire can identify potentially relevant medical and scientific issues without attempting to diagnose them or determine their significance. Using GERD, previously unrecognized diabetes, Auto-Brewery Syndrome, respiratory limitations, and occupational exposure as examples, it explains why effective screening must ask about symptoms, function, and material events as well as known diagnoses. It also introduces the role of tiered questioning, in which a positive screening response directs counsel to a focused assessment and the next stage of investigation.
The defense investigation should be neither defined nor confined by the police investigation.
(Requires a subscription to Volume 10, or DUIDLA access)
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Counterpoint Volume 10Counterpoint Volume 10 explores the science, controversies, and emerging issues shaping modern alcohol and drug testing. Through expert analysis and real-world courtroom applications, it equips legal and forensic professionals with the knowledge needed to challenge evidence and strengthen their cases. |
