Lindsay Lohan failed a court-ordered alcohol test last week and will have to go before a judge for a probation violation hearing Thursday morning, according to a source close to the case.
Lohan's failed test, which the source said took place on June 13, comes while the actress is confined to her Venice Beach, California, home because of a jail sentence imposed last month.
The actress will appear before Los Angeles County Superior Court Judge
Stephanie Sautner at 10 a.m. Thursday, the same judge who sentenced her to 120 days in jail after she pleaded guilty to stealing a necklace, a prosecution spokeswoman said Wednesday.
Lohan was allowed to serve a reduced sentence at home because, as a nonviolent offender, she qualified for a home confinement program intended to reduce overcrowding.
But it is not likely Sautner has missed seeing media reports showing Lohan socializing on the roof of her luxury home in recent days.
"When my friends come over, they're not drinking," Lohan told an interviewer with Life & Style magazine. "Alcohol is not in my house, so it's just not a part of my life."
That interview was given on June 18, five days after she allegedly failed the test.
The actress, who turns 25 on July 2, has managed to avoid more than a few days in jail despite two drunk driving convictions, a long list of probation violations and the recent theft conviction.
"Because of budget constraints and because we're under a federal consent decree that requires us to curb our overcrowding situation, nonviolent offenders, lesser crimes, get 20% of their sentence," Los Angeles County Sheriff's spokesman Steve Whitmore said.
Without the latest violation, it was expected she would be released from home confinement in early July. She would then resume her work on 480 hours of community service the judge imposed.
Lohan entered drug rehab last year to avoid a jail sentence imposed by another judge. But Sautner made it clear in court last month that she didn't think drugs and alcohol were the root of Lohan's legal troubles.
"She's got other problems for which she self-medicates," Sautner said.
Lohan's four years in and out of court -- and sometimes jail -- started with two drunken driving arrests in 2007. Since then, she's spent more than eight months in substance abuse rehabilitation programs.
A probation report released last month said the actress "appears to be continuing to struggle with substance abuse issues."
"It would appear that the defendant's criminal conduct is increasing in seriousness and severity," the probation report said, yet it suggested she serve her sentence on probation and not in jail.
Lohan tested positive for alcohol use, a violation of probation rules, in February, the report said.
It also revealed that the drug test failure last August, which resulted in a jail sentence and court-ordered rehab, involved cocaine and amphetamines.
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