 Foley was under the influence of alcohol as he was spotted staggering out of the San Diego nightclub Stingaree about half an hour before the officer spotted him and was found later to have had a blood-alcohol level of .233, nearly three times the legal limit of .08 (though prosecutors and Foley's defense attorneys have agreed on .16).Foley had been there with teammates following a Chargers team dinner and was spotted swaying around the club, hitting on waitresses.His passenger in the car was a woman he had met a few nights earlier and called to meet him at the club.