Hall of Fame Quarterback Below DUI Limit, But May Still Face DUI Charges

By Mary Ann

Warren Moon’s lawyer confirmed that his breath test showed a blood alcohol level (BAC) below the legal limit for DUI in Washington, when he was arrested for DUI in Kirkland.

Moon’s breath test results showed a BAC of 0.067 and 0.068 percent, below the per-se limit for DUI of 0.08 percent. Prosecutors may still charge Moon with DUI.

When his breath test is above the per-se limit, a driver must prove that he was NOT DUI. When a driver tests below the per-se limit, the State must prove he was DUI. Some states also have laws against drinking and driving, even when the driver is below the legal limit. Violation of these laws carries a lesser penalty.

Moon played 17 seasons in both the NFL and the Canadian Football League. He entered the Hall of Fame last august. Moon is currently a radio broadcaster for the Seattle Seahawks.

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