Troubled actress Lindsay Lohan will not go to jail despite testing positive for alcohol use last week because a Superior Court judge says she was not required to submit to controlled substance testing after February 25.
Superior Court Judge Stephanie Sautner said during a hearing Thursday that she did not think Lohan violated her probation by testing positive for alcohol during a recent test.
Sautner says the court record is ambiguous about whether or not Lohan was ordered to refrain from drinking.
The 24-year-old actress arrived Thursday for the meeting with Judge Sautner, who said that Lohan's prior judge, Elden Fox, only required substance testing from January 3- February 25, TMZ reports. The Probation Dept. will no longer test Lohan for drugs or alcohol since there is no court order allowing it.
Arriving at the conference shortly before 10 a.m. PST Thursday, a solemn-faced Lohan walked past photographers and members of the media. Wearing a blue button-down shirt and dark trousers, she covered her face with sunglasses and tied her blonde hair back in a ponytail.
Lohan is currently serving house arrest on a 120-day jail sentence for violating her probation in a 2007 drunken driving case by taking a necklace without permission from a jewelry store in January. She began serving her sentence last month, and was expected to serve about 35 days.
Prosecutors say Lohan’s court appearance is related to the 2007 drunken driving case, not the misdemeanor theft case, which was resolved with a no-contest plea in May.
During her house arrest, Lohan had been spotted hosting parties, reading scripts and redecorating her 3,000-square-foot home in Venice Beach, Calif. But Judge Sautner declared Thursday that Lohan could no longer host parties and was restricted to hosting one friend at a time at her home, in addition to members of her family.
According to TMZ, the only thing Sautner said Lohan was guilty of was "extremely poor judgment."
In an upcoming interview with Life & Style magazine, Lohan addressed criticism that she got off easy with house arrest by saying it's a common punishment. She says it's a better alternative to a 12-by-8-foot jail cell.
"It's a scary place and a place that I don't wish on anyone," she says.
Lohan says she's anxious to get started on the community service portion of her sentence.
"I want to finish that so I can work in August and September," she says.
In the interview, which hits newsstands Friday, Lohan also claimed that she no longer drinks, but falls short of saying she'll stay out of nightclubs.
"I don't think you should ever say never," she says.
A spokesman said Lohan had decided she was not ready for a lengthy discussion about her tumultuous year. Other reports said she pulled out of the interview after she learned she tested positive for alcohol.
Judge Sautner set another hearing for Lohan for July 21.
The Associated Press and NewsCore contributed to this report.