 On October 11, 2006, Foley was charged by prosecutors with two counts of driving under the influence.On May 3, 2007, Foley pleaded guilty to driving under the influence, a misdemeanor, and was given 5 years of informal probation, meaning he does not have to check in with a probation officer.His passenger, Lisa Gaut, was convicted on April 26, 2007 on charges of assault with a deadly weapon and misdemeanor drunken driving for her role in the incident and was sentenced to 180 days in jail with the possibility of a work furlough.