SAN DIEGO -- Authorities are seeking drunk driving charges against Steve Foley, the Chargers linebacker who was shot and seriously wounded by an off-duty police officer earlier this month.
Investigators have recommended that prosecutors charge Foley with misdemeanor DUI, the San Diego County District Attorney's office confirmed Wednesday. Charges have not been filed.
Foley's blood-alcohol level was not disclosed, but the San Diego County Sheriff's Department said it exceeded the legal limit.
Foley was shot three times -- twice in the back of the left leg and once on the outside of the left thigh -- by an off-duty Coronado police officer Sept. 3 near his home. Sheriff's officials said the
officer followed Foley's car on suspicion that the driver was drunk.
Foley got out of the car and began walking toward the officer, who said he was armed and fired a warning shot, according to a sheriff's department report. The officer shot Foley after the linebacker reached into his pants with his right hand.
The officer, Aaron Mansker, has been placed on paid administrative leave. Foley was hospitalized in fair condition and will miss the season.
His agent, David Levine, did not immediately return a phone message Wednesday.
The shooting was Foley's second run-in with authorities in 4½ months. He was arrested April 21 for investigation of resisting arrest after police said he scuffled with officers. He was also booked for investigation of battery on a police officer and public drunkenness.
The district attorney's office decided there wasn't enough evidence to charge him in that case.