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Lohan

Flunks Booze Test

Ordered to Court

6/23/2011 5:00 AM PDT BY TMZ STAFF

Lindsay Lohan tested positive for alcohol earlier this month ... and has been ordered to appear in front of an L.A. County Superior Court judge tomorrow morning ... and the Probation Dept. wants her in jail.

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Here's what we know.  Lindsay was tested twice last week.  Sources tell TMZ ... Lindsay tested positive for alcohol on one of the tests and negative on the other.  In both tests, she tested negative for drugs.  One of the tests was administered just after Lindsay had a rooftop barbecue party.

Sources tell TMZ ... the L.A. County Probation Department will ask Judge Stephanie Sautner to yank her out of house arrest and throw her in L.A. County Jail. 

And, we're told, members of the D.A.'s office -- will make an appearance as well, to lower the boom on Lindsay.  The D.A. is still handling the DUI probation part of Lindsay's criminal saga.  The L.A. City Attorney is handling the necklace case.

The Probation Department is pissed off because they tried to force Lindsay to take two tests in May but Lindsay's lawyer, Shawn Holley, refused to make Lindsay submit, claiming it wasn't part of her probation.  Turns out it was, so Lindsay subsequently took the two tests, one of which she failed.

The Probation Dept. is also ticked that Lindsay is having parties while under house arrest.

Judge Sautner will hold a hearing tomorrow at 10 AM.  Of course, we'll be there.

595 COMMENTS

No Avatar
61.

Lou78Jr    

Lindsay is a spoiled brat use to walking all over the System, I hope she gets locked up how many times can you get off for violating her probation. This is a slap in the face of our court systems. Know we know why she acted like a baby and through Matt Lauer out cause she got the bad news and is throwing a grown up babies tantrum.

1163 days ago
62.

lou    

jessemosslover 23 minutes ago

If she was drinking while under house arrest wouldnt the ankle moniter go off or does it just go off if she leaves the house?

_________________

She's been known to tamper with it in the past. I'm guessing that's why the monitoring company wants shot of her after this last go-round.

1163 days ago
63.

Tess    

For those who say why does the court care if she was drinking in her own home & who are wondering if Lindsay was aware of this....

YES SHE WAS!!!!!!!!! She wasn't grounded by her parents, she was SERVING A SENTENCE on house arrest. Even if she didn't have probation saying she can't drink while on probation (which she does), NO ONE is allowed to drink on house arrest. It's supposed to be a punishment, not a freakin' part like Lindsay has made it to be.

1163 days ago
64.

Tess    

Jessemosslover: No, the ankle bracelet is not an alcohol monitoring device, just a tracking device. It goes off if she goes so far away from her house. She can go outside, into her yard, could even be at her neighbor's house (even though you're not supposed to--you get so many feet with those things, because they're GPS'ed to your address.)

I've known people who've had them and they were able to walk halfway down the street with them. And one guy who somehow was somehow able to wriggle out of his and he put it on his dog's leg. He got caught when he was at the bar drinking (he was on house arrest for a DUI) and got into a fight at the bar & the cops were called. His house arrest was then revoked & he had to serve the remainder of his sentence behind bars + additional time for removing the ankle bracelet & heading off to the bar. In the court's eyes, I believe, that's the same as breaking out of jail.

1163 days ago
65.

Marie    

"The Probation Dept. is also ticked that Lindsay is having parties while under house arrest."

What else were they expecting, exactly???

1163 days ago
66.

lou    

Puckett...she IS a criminal. Not because of the addiction but because of the theft and driving while drunk, and carjacking a car full of people.

1163 days ago
67.

FUTMZ    

"Hello, Turner's Liquor? This is DUIna LOHAN. We'll need 60 cases of new champagne glasses delivered. (pause) Now. I don't care what it costed (sic). (pause) Get 'em here right now. Put it on Lindsay's account. (long pause) Yes she does!! She is Lindsay LOHAN!! We won't take no for an answer!!! Don't you know who we are?!!!!!!!

*click*

1163 days ago
68.

Alan Carver    

@TB, first off, you had every right to defend how you felt re; Lohan. Your intentions were pure and honest. Nothing wrong with that. It is not that we wanted to be proven right, we all wanted Lohan to get her act together after being given so many chances as you have pointed out. Any one of us that violates probation is immediately mandated into court to see our Judge. Nothing about her probation under the last Judge should have changed. She is not allowed to drink for her violation of her DUII's. That PROBATION is not over with. What does she think, she can drink while serving time at home? Uh, no. And if Chapman-Holley did not make that clear to Lohan, and or Lohan took it upon herself to make that decision to drink again, well then she is still not complying with WHY she went to treatment in the first place to avoid jail! Like many on here, Lohan has been given so many chances by the court that at SOME POINT and SOON they will REVOKE her probation all-together and put her in Lynnwood and leave her their. She does not get it. She has seen 4 Judges - in about as many years as she has been in the system. They get tired of their ORDERS not being followed - and Judge Sautner needs to get TOUGH with her once and for all and revoke her and send her to jail. Yank her out of her house and place her in Lynnwood with DAY FOR DAY, NO EARLY RELEASE, CREDIT FOR X SERVED, and the acting Sheriff at Lynnwood has to comply with that, regardless of potential over-crowding.

The bottom line here TB is that Lohan has been given many chances to get her life together and did alot of that in the past 8 months on her own with going to treatment, but she continues to make bad choices regarding the simple fact that she is a alcoholic and drug addict. Her time in Hollywood is quickly coming to an end, she seems more hell-bent on boozing and drugging then ever being a committed actress. At least that is what she is showing by her continual relapses while on probation for her 2007 DUII's. Time is running out in all areas of her career and her new career in the CA Judicial system, it seems.

1163 days ago
69.

VictoriaGirl    

Tess, thank you for answering my question :) I wasnt sure.

1163 days ago
70.

lou    

It's the court's business that she was drinking in her own home because it was a condition of her probation that she NOT drink while on house arrest...because she is an alcoholic. And her alcoholism has taken her to a terrible place. So it's not only a legal requirement but really a moral one as well.

1163 days ago
71.

File that lawsuit, I am Lindsay Lohan!    

Only in LA for celebrities. She will walk tomorrow, I have lost all trust on the LA court system for celebs. The was the strangest house arrest where it seemed more like she was on a cruise rather than paying society for her many many many times she broke the law. She will be going home tomorrow...again.

1163 days ago
72.

Grandma Cracker    

Puckett, she would have signed an agreement for home monitoring so the gee I thought I was allowed to drink while I am in jail will not fly.

And wow, I just thought of something......all those people that were posting the numbers and emails for the probation department and Judge Sautner's office the weekend of her last roof top party....guess your efforts paid off in spades.......

1163 days ago
73.

Ghost Rider    

I bet Lindsay will have that stupid look on her face tommorrow that says "What Me Worry". Ha! She will be missing that Tron 3d on that plasma screen real soon. YO HO HO!

1163 days ago
74.

Ellie G    

She was well aware she wasnt suppose to drink. Why else would they have been testing her. She will play the "I didn't know" card. She really does live in her own delusional world.

1163 days ago
75.

No comment    

@ Puckett actually there are cir****tances in Los Angeles where you can pay to stay in someone's jail. Los Angeles is made up of incorporated cities, and some of those have their own jails. It has been done. I forget who it was they stayed in the Fullerton jail which is in Orange County, the county south of L.A.

1163 days ago
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