Las Vegas • The Utah County Attorney’s Office on Tuesday dismissed DUI, marijuana possession and other charges against BYU linebacker Chaz Ah You because of evidentiary issues.
Ah You was pulled over by a Utah County sheriff's deputy in Eagle Mountain on Feb. 9 and booked into the Utah County Jail, where the BYU linebacker was released on his own recognizance later that night without having to post bail.
The Utah County Attorney’s Office released a statement late Tuesday afternoon, saying the case was declined on the basis of lack of admissible evidence, and in the interest of justice.
“Every case is unique,” Utah County Attorney David Leavitt said in the news release. “... In this case, there is a lack of admissible evidence. Justice would not be served in this matter. This has nothing to do with who he is or where he attends school. My job is to safeguard the rights of all in a potential criminal matter and direct my attention to the law and facts.”
The junior linebacker has not participated in BYU’s spring football practice, although the case was closed on March 3 — the day after BYU started the spring workouts. On March 2, BYU coach Kalani Sitake said Ah You “has to go through a process” before he can rejoin the team and that it would be “inappropriate” to say more.
Even if Ah You had not been suspended due to his run-in with the law, he would have still sat out practice due to an offseason shoulder surgery.
A few days after his arrest, Ah You pleaded not guilty to all five charges: driving under the influence of alcohol and marijuana, reckless driving, drinking in or about a vehicle, improper lane change in an occupied lane and speeding — all misdemeanors or infractions.
The 21-year-old was pulled over after a Utah County sheriff's deputy observed him reaching speeds of 75 mph in a 35 mph zone. The arresting deputy also noted that Ah You was following too closely to other vehicles on the road and was making unsafe lane travel, changing lanes abruptly without signaling.
After initiating the stop in Eagle Mountain and making contact with the driver, the deputy made the arrest “based on the reckless driving pattern I observed” and conducted an inventory search of the vehicle, which was later impounded.
During the search, the deputy discovered two containers of alcohol — one with a “consumable amount” and the other empty — and found a THC vape pen in the center console, which led Ah You to be investigated for a DUI.
The deputy cited weather as the reason he chose to conduct the field sobriety test at the Utah County Jail, where he notified Forensics to meet the deputy so he could collect a blood and urine analysis.
During the horizontal gaze nystagmus portion of the field sobriety test, Ah You displayed four clues of nystagmus going both ways. During the one leg stand, Ah You presented two clues during the test. Ah You struggled counting to 30 the first time, so the deputy offered the test a second time, but ended with the same results.
The vertical gaze nystagmus and nine step tests yielded no clues.
Although the deputy’s report didn’t list a blood alcohol concentration, the report stated “forensics results showed a presumptive measurable amount in his system.”
