Estella Warren

Donato Sardella/

Estella Warren's escape from police custody might wind up costing her more time than the DUI charge.

At least according to criminal defense attorney Troy Slaten thinks so. Slaten says cops take any attempt to escape seriously and that includes having a former supermodel wriggle out of handcuffs and out of custody.

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"If she is indeed charged with felony escape from a penal institution (i.e., police station jail) it is a way more serious charge than the DUI [charge] that was the basis for the contact with police," Slaten tells E! News. "Escape is a felony with state prison exposure."

Slaten says the fact that Warren could have been too drunk to even remember or know she was committing these crimes will not be a viable defense.

"Just the fact of doing that can get her in trouble," he says. "And so intoxication would not be a defense, just like if you get drunk and then kill somebody in a car accident, you could be charged with murder, even though you didn't intend to go out and kill somebody."

Slaten says he finds it unusual that Warren was able to slip off her handcuffs in the first place.

"That's rare," he says. "My complaints from my clients are always that the cuffs were way too tight, they had bruises and that they were begging the officers to loosen it up. Maybe she caught a break because she was cute and a model."

Warren was sprung from jail Tuesday afternoon after posting a $100,000 bond. She's due in court June 14.

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