A recent decision from the Appellate Court of Maryland clarifies one potential defense to a Maryland DUI charge. The case is Palmer v. State, Case No. 1728, September Term, 2023 (Appellate Court of Maryland, August 28, 2025). In brief, to convict on a charge of driving under the influence of alcohol (“DUI”) or driving while impaired by alcohol (“DWI”), Maryland prosecutors must prove that the alcohol was consumed prior to the driving. If there is a possibility that the alcohol was consumed AFTER the driving, then the prosecutors cannot prove DUI or DWI, and an acquittal is required. This is the result from the Palmer case linked above.

As reported by the court, the relevant facts of Palmer are these. The defendant was involved in a one-car accident at about 11:30 at night in Somerset County, Maryland. He was driving a silver Kia Sorento. When State Troopers arrived, the Sorento was found “completely off the roadway in a ditch and grass area about roughly ten feet from the roadway,” and a speed limit sign had been struck and was completely “down on the ground pulled out of the ground bent.” The Sorento was damaged in the front in a manner consistent with the Sorento crashing into the sign.

The responding Trooper reported that he detected the odor of alcohol on Palmer’s breath, saw that Palmer’s eyes were “bloodshot and glass,y” and said that Palmer’s speech was at times “slow and lethargic.” The Trooper also noticed that Palmer’s feet were wet and covered with grass. After a search of the area surrounding the accident site, a different State Trooper found a small bottle of Fireball whiskey on the ground outside the Kia. But the Trooper also stated that he did not see the bottle fall or otherwise come out of the Kia. All Troopers that responded to the accident admitted that they had not seen the accident, were not able to determine how long the Sorento had been in the ditch before they arrived at the scene, and that they did not know when the “accident actually occurred.” There were also no witnesses to the accident.

IMPORTANTLY, Palmer did not provide the State Troopers with any information. When the Troopers asked questions, Palmer asserted his constitutional rights and declined to answer. This was very wise. The Maryland criminal defense attorneys at the Law Office of Robert Castro enthusiastically approve. Defending criminal cases is much easier when our clients know and exercise their rights. If you want to contact us, use our contact page or call us at (301) 870-1200. We are available around the clock, 24/7. We have offices in Waldorf, Maryland.

Despite not having any clear evidence of how and when the accident occurred, the State Troopers placed Palmer under arrest. Among other charges, Palmer was charged with DUI and DWI.

At trial, after the prosecutors finished presenting their evidence and case, Palmer’s attorneys asked the judge for an automatic acquittal on the DUI and DWI charges. Several arguments were put forward by Palmer’s attorneys, but for our purposes, the key argument was that there was no evidence that he was impaired at the time he was driving. The defense argued that the prosecutors had no evidence of WHEN the alcohol was consumed (assuming that alcohol had been consumed). Was the alcohol consumed before the accident or while Palmer was wandering around in the wet grass after the crash? The trial court judge properly gave no weight to the empty Fireball whiskey bottle since that could have been roadside “trash.” But the trial court still held that the jury could conclude from the other evidence that Palmer was impaired while driving the Sorento.

The trial court refused to acquit Palmer on the DUI and DWI charges. The jury convicted, and Palmer appealed.

On appeal, the Appellate Court of Maryland reversed. Essentially, the Appellate Court agreed with Palmer that the prosecutors had not proved that he was impaired at the time he was driving.

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This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland criminal defense lawyer at (301) 870-1200. We are Waldorf, MD, Criminal Defense lawyers. Our address is 2670 Crain Highway, Waldorf, MD 20601.