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Published on 11/18/2025, 12:00:00 AM

Palmer v. State: Maryland DUI Needs a Real-Time Link to Intoxication

A recent Appellate Court of Maryland decision explains a key point for DUI and DWI crash cases. In Palmer v. State, 266 Md. App. 693 (Aug. 28, 2025), the Court said the State has to connect two things: when you were driving and when you were intoxicated. Being drunk at the scene later is not enough by itself.

Q&A: What this case means for real people

What happened in Palmer?

Police came to a single‑car crash. The car was off the road in grass, a sign was knocked down, and the hood was warm. The driver’s sandals were wet with grass on them. Officers smelled alcohol and saw signs of drinking, but no one knew when the crash happened or when the driver drank. He declined field tests.

Related: DUI · DUI vs DWI · DUI per se · Devices and tests: Intox EC IR II · PBT vs. Breathalyzer

What did the Court decide about DUI and DWI?

To convict for DUI or DWI, the State must show you were under the influence when you drove. They need a real‑time link between the last time you operated the car and the intoxication the officers saw later. In Palmer, there was no proof about when the crash happened, when any drinking happened, or how long the driver had been at the scene, so DUI and DWI were reversed.

Does being drunk at the scene automatically mean DUI?

No. Being intoxicated at the scene is not enough on its own. The State must connect intoxication to the time you were actually driving.

What charges still stood in Palmer?

How can timing help your defense?

Details like dispatch times, body‑worn camera timestamps, tow records, and who arrived when can matter. If the State cannot show when you were driving compared to when you appeared intoxicated, DUI and DWI may not be proven.

What should I do after a single‑car drunk driving crash if police are called?

  • Talk with a lawyer early. We will plan both the court track and the MVA track. See MVA Hearings and DUI License Reinstatement.
  • Refuse field sobriety tests if requested.
  • Invoke your right to remain silent and try not to incriminate yourself.

Does Palmer help in every DUI case?

It depends on your facts. Palmer helps when officers arrive after the crash and there is a gap in time or unclear drinking timeline. We still need to build the record around timing and access to alcohol.

Can I still lose my license even if DUI is weak?

You might. Court and MVA are separate. Learn how to protect your license: MVA Hearings and DUI License Reinstatement. For charge differences, see DUI vs DWI and DUI per se.

Ready to plan your defense

We build a clean timeline, gather the right records, and pressure test the State’s proof. We also handle the license side so you can keep driving when possible.

Where this fits with Maryland traffic tickets

Palmer doesn’t erase traffic tickets that arise from a crash. Even when DUI/DWI is weak because timing is unclear, lane‑use and speed‑related citations can remain. If your case involves lane position or markings, review Improper Lane Change and Failure to Obey a Traffic Control Device. If speed or following distance is alleged, see Maryland Speeding Lawyer, Speeding Ticket Defense, and Following Too Closely. These pages explain points, penalties, and defenses that can complement a Palmer‑style strategy focused on timing and proof.