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What not to do in the aftermath of a DWI arrest

Getting arrested can be scary. As such, arrestees are not always thinking clearly and rationally. This is one reason why it’s important to seek the help of an experienced criminal defense attorney right away. He or she can make sure you understand your rights and options, as well as to make sure you don’t risk making your situation worse by doing something foolish in the aftermath of your arrest.

A recent example of what can go wrong post-arrest was written about in the Times-Picayune earlier this month. According to the article, a 23-year-old Louisiana woman arrested for alleged drunk driving was arrested again less than two weeks later. This time, it was for false impersonation and forgery.

In a plot to destroy the blood sample that would be used as evidence against her at her DWI trial, she called the Louisiana State Police Crime Lab claiming to be a court official. She told the person on the other end of the line that the blood sample could be destroyed “because the case had been dismissed and was not going to be prosecuted.” She followed up with the same message sent via email. It was sent from her personal account.

While some may give the woman credit for cleverness, she certainly did not do herself any favors by trying to destroy the evidence in her DWI case. When brought in for questioning, the woman admitted to making the phone call and email to the crime lab.

In the majority of DUI and DWI cases, calling a defense attorney right away is the smartest move a defendant can make. Evidence from blood tests, breath tests and police video of the traffic stop are often crucial to the prosecution’s case. Rather than trying to have evidence destroyed, an attorney can examine whether the evidence was collected properly, whether the traffic stop was legal and whether procedural mistakes were made.

These things take time. The sooner you call an attorney, the sooner he or she can get to work helping you present the strongest possible defense.

Source: The Times Picayune, "Woman arrested for DWI rearrested Thursday after she called the State Crime Lab posing as a court employee attempting to have evidence destroyed," Quincy Hodges, April 24, 2013

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Meet Attorney Guillory

Attorney Joshua S. Guillory was born in Alexandria, Louisiana. Upon graduating high school from Alexandria Senior High, he enrolled in classes at the University of Louisiana at Lafayette where he earned his Bachelor of Science degree. Josh was a member of Mu Kappa Tau, a national honor society for marketing majors, while attending... Read More

Joshua S. Guillory

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