Former NFL QB Jay Cutler Arrested for Drunk Driving with 2 Guns in the Vehicle – What defenses does he have to fight a DUI conviction and why he didn’t need a permit to carry

Recently former NFL Quarterback Jay Cutler was arrested for Driving Under the Influence (DUI aka Drunk Driving) in Franklin, Tennessee.  It is alleged that Cutler rear ended another vehicle and allegedly attempted to flee the site after offering the other driver $2,000.00 not to call police. Police, however, did respond to the accident. 

The police officers allegedly observed that Cutler was slurring his words and smelled the odor of alcohol on his breath following an accident investigation.  The officers asked Cutler to take field sobriety test but he refused.  He was arrested on suspicion of DUI.  Following the arrest, police found 2 handguns in Cutler’s car.  He was charged with DUI-first offense, failure to exercise due care to avoid a collision, implied consent, possession of a handgun-under the influence. 

What pre-trial legal arguments are available to Jay Cutler? 

Cutler’s criminal defense lawyer should initially evaluate possible pre-trial motions which should focus on suppressing the evidence against him.  Remember that a motion to suppress will focus on the reasonable suspicion and or probable cause to stop a driver and or the reasonable suspicion and or probable cause to arrest the driver for drunk driving.  This is often the best way to fight a drunk driving charge before trial. 

Here, however, Cutler was arrested after police responded to this accident.  This was probable cause for the stop.  The accident itself provides police with sufficient probable cause to stop a driver for suspicion of drunk driving (DUI).  Thereafter, he refused the field sobriety test which is permitted.  Refusing the field sobriety test will NOT result in a license suspension unlike a chemical test refusal. 

What did Jay Cutler do wrong after police stopped his car and how did he make his defense weaker? 

Cutler allegedly refused the chemical test (breathalyzer) which was the wrong thing to do here.  Regardless of what happens, this chemical test refusal will result in an automatic license suspension.  Further he should not have made any statements about where he was going, where he had been or what he consumed that evening.  Statements will never help your criminal case and they will not help Sherman with this drunk driving charge. 

How could have Jay Cutler made his case better from a defense standpoint?

Following the police stop he should have not made any statements to police.  He should have simply been cooperative and provide the troopers with his driver’s license, registration and proof of insurance.  This is all that is required following a drunk driving stop! 

How serious is this drunk driving charge?  Can he receive a criminal diversion program? 

At the minimum, Cutler faces a license suspension, fines and possibly jail if he is convicted of this drunk driving charge.  He could qualify for drunk driving diversion program if they are available since it appears he has no prior offenses for drunk driving.

What about the potential illegal gun charge against Jay Cutler?

Unlike Pennsylvania and New Jersey, Tennessee does NOT require a permit to carry outside your home or place of business. As of July 1, 2021, Tennessee residents and non-residents can carry a handgun openly or concealed without a permit if they are at least 21 years old, legally possess the handgun, and are lawfully present. However, there are some exceptions, such as in civic centers, public recreation buildings, and colleges. 

It is however a crime to possess a handgun while under the influence of alcohol or any controlled substance (drugs, narcotics.) It is also illegal to possess a handgun in a public establishment that serves alcohol and is consuming alcohol.  Up to 11 months and 29 days in jail and/or a fine of up to $2,500.  It is NOT a felony offense but a Class A Misdemeanor. 

How will this drunk driving case likely turn out for Jay Cutler?

Given that Cutler has no prior criminal history, he will likely not go to jail but face possible probation.  He could lose his ability to carry his handgun during probation.  If there is not diversion program available for the gun charge, he would have a criminal record. 

If you are charged with drunk driving (DUI/DWI) in New Jersey or Pennsylvania contact our law firm and our criminal defense attorneys. 

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