Lindsay Lohan Avoids Jail After Testing Positive for Alcohol (Updated)

Lohan returned to court Thursday morning for imbibing while on home arrest, but avoided being sent to the slammer for it

UPDATE (4:05 P.M.):

Lohan's lawyer, Shawn Holley, said in a written statement:

"Today the Court made clear that Lindsay is in compliance with the terms of her probation, the terms of her electronic monitoring and the laws, rules and regulations of the State of California. The Probation Department's finding that Lindsay was in violation of probation, as well as its position that she should be subjected to testing were plainly erroneous."


Actress Lindsay Lohan avoided a prison sentence Thursday morning after appearing before a judge for testing positive for alcohol while on home arrest.

The 24-year-old actress returned to court after being placed under house arrest for stealing a $2,500 necklace from a Venice boutique. Judge Stephanie Sautner said Lohan will now be limited to one visit at a time for the remainder of her house arrest, in addition to family members.

Sautner sentenced Lohan to 120 days in jail and 480 hours of community service late April. Because of overcrowding, she was incarcerated only 35 days, and allowed to spend the rest of her time at home.

The judge chastised Lohan during that case, saying, "I see a level of brazenness with 'Let me see what I can get away with here.'"

Lohan and Sautner met again at Thursday morning’s 10 a.m. hearing. Sautner ruled that Eldon Fox, Lohan's previous judge, only required such testing from Jan. 3 to Feb. 25. Lohan made the cut.

Judge Sautner said the only thing Lohan was guilty of is "'extremely poor judgement."

The troubled actress thus avoided a fifth jail stint. She was arrested for DUI twice in 2007. 

It has been a tough week for Lohan, who canceled a Tuesday morning interview with NBC's "Today" show, scheduled to take place with Matt Lauer in her home. 

"At the last minute, Lindsay and her people did express concern about the timing of the interview and it was canceled. I think we’re learning more this morning about the reasons for their concerns,” Lauer said on-air Thursday morning.