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.