On Tuesday, March 10, the Utah County Attorney's Office announced that BYU linebacker Chaz Ah You will not be prosecuted for his February DUI charge. The Utah County Attorney David Leavitt dismissed the case, “on the basis of lack of admissible evidence, and in the interests of justice.”
Police arrested Ah You on Sunday, Feb. 9 after catching him driving recklessly and going 75 mph in a 35-mph zone. After searching Ah You’s car, they found two alcohol containers, one empty and one full. A THC vape pen was also found in the middle console. After showing various signs of intoxication during testing, an officer reporter he “transported Chaz to the Utah County Jail to be charged with DUI, reckless driving, unsafe lane travel, speeding and open container.' Ah You’s other charges included drinking in or about a vehicle, driving under the influence of alcohol or drugs, improper lane changes in occupied lane, reckless driving and speeding.
Leavitt described the multistep screening process. “We receive the evidence and reports from law enforcement. The next step of the process is a review of what we have received by our screening team — a group that includes many of our most experienced attorneys. They review everything that is submitted. Through that careful process, a recommendation is forwarded from the screening team and reviewed by me for the final decision.”
The statement released by the attorney's office on March 10 said Leavitt leans on the experience of his screening team to balance the evidence with the rights of the people that are accused. He went on to say there is a lack of admissible evidence in this case, contrasting the police report in February.
During the sobriety testing conducted in February, Ah You displayed four clues of Nystagmus — or uncontrolled eye movements. The February report also stated the BYU linebacker struggled counting to 30 during two separate tests. The forensics report showed a presumptive measurable amount of alcohol in his system.
“Justice would not be served in this matter. This has nothing to do with who he is or where he attends school,” Leavitt said in the March 10 press release. “My job is to safeguard the rights of all in a potential criminal matter and direct my attention to the law and the facts.”
The heavily-recruited linebacker out of Westlake High School has been featured in 18 games during his time at BYU. Throughout his career, he has recorded 30 solo tackles, 10 assists, and one interception.