Update!

Lindsay Lohan Flunks Drug Test—Could More Jail Be Next?

Three weeks after wrapping rehab, troubled actress now faces date with judge to determine whether she goes back behind bars

By Josh Grossberg Sep 18, 2010 2:00 AMTags
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Three weeks ago Lindsay Lohan wrapped up her court-ordered rehab stint, supposedly clean and sober.

Flash forward to today: the actress has flubbed a drug test, E! News has confirmed, and now faces the prospect of more jail time.

Per the terms of  her probation in her DUI case as laid out last month by Judge Elden S. Fox, Lohan was "advised that any positive or missed test will result in 30-day jail sentence."

Not a lot of wiggle room there.

But at least Lohan is dealing with the best in the business, according to criminal attorney Darren Kavinoky, who calls Fox "one of the fairest judges in Los Angeles."

"He will do what is fair and what is appropriate," Kavinoky tells E! News. "It would require some good reason to not to give her 30 days in jail. But if there is some reason for the test results to be suspect—false positive or some question about the chain of custody (of the sample)— then he will take that into account."

It's not known what drugs were found in her system, but the results were from a test she had submitted to last week as part of her outpatient treatment program.

A spokeswoman for the Los Angeles District Attorney's Office declined to comment. There was also no immediate word from Lohan's lawyer, Shawn Chapman Holley.

No hearing date has been announced.

Earlier this week LiLo was spotted in New York City, where she turned up at the Standard Hotel's recently reopened club Boom Boom Room. According to clubgoers, Lohan, 24, appeared to be on her best behavior, wasn't drinking and acted low-key.

She was back in L.A. yesterday, spotted lunching with her friend Lady Victoria Hervey.

—Additional reporting by Claudia Rosenbaum

(Originally published Sept. 17, 2010, at 2:30 p.m. PT)

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