Lindsay Lohan just had the best failed alcohol test ever.
The troubled actress, who is currently serving 120 days house arrest for violating the terms of her 2007 DUI by taking a necklace without permission from a Venice boutique, was summoned to a court hearing in Los Angeles Thursday morning after allegedly failing a court-ordered alcohol test. However, it turns out that she didn’t violate her probation after all.
Judge Stephanie Sautner ruled on Thursday that the prior judge on the case, Elden Fox, only required controlled substances testing from January 3 to February 25, 2011, which means Lohan is free to drink all she desires so long as she doesn’t get behind-the-wheel if over the limit.
“She’s done nothing wrong, she has done everything right,” Lohan’s attorney Shawn Chapman Holley added in a press conference proceeding the hearing. “I think we need to give her some credit for that. She wasn’t supposed to be tested at all after February 25th. Alcohol is a legal substance.”
But the news does come as a surprise to some legal experts, who are perplexed as to why Lohan is not under court-ordered drug and alcohol testing even though she is still on probation from her arrest four years ago.
“Ordinarily those on probation are required to be tested for drugs and alcohol, especially when they have alcohol related convictions on their record,” California-based criminal defense attorney David Wohl told FOX411’s Pop Tarts. “Why Judge Fox chose not to include alcohol testing is anyone's guess, but he clearly gave LiLo a huge break by omitting alcohol testing from her probation terms.”
During her house arrest, the 24-year-old has also been spotted hosting parties and entertaining into the early hours at her Venice Beach apartment, however Judge Sautner also ruled on Thursday that the soirees were not to continue.
“Lindsay could actually challenge this new restriction, the Judge has no standing or legal authority to restrict who she associates with in her private life other than ordering she not associate with other people on probation or other co-defendants she may have been associated with in past cases,” Wohl said. “If she's not using illegal drugs she could argue that who she ‘parties’ with is her business and hers alone.”
Nonetheless, a source close to Lohan told us that she was actually very “calm and thankful” ahead of the hearing, and wasn’t freaking over the prospect of being thrown back behind bars.
“Lindsay is always grateful for these situations because they bring her back into the ‘present,’” said our insider.