Caught in the Act

Lindsay Lohan Has Sobriety Setback

By Marla Lehner and Ken Lee

01/03/2008 at 02:55 PM EST

Video courtesy AP
Lindsay Lohan suffered a setback in her sobriety over New Year's, but is back on track, her lawyer said Thursday.

A video of the actress drinking champagne directly from a bottle while in Capri, Italy, hit the Internet Thursday, first appearing on TMZ.com.

"After being handed a champagne bottle while on a dance floor in Italy on New Year's Eve and drinking from it, the good news is that Lindsay stopped herself, called her sponsor, and got herself back on track," her lawyer, Blair Berk, tells PEOPLE. "There is no magic cure here. The most unfortunate part of this is that Lindsay has to share her 'one day at a time' with the entire world."

Lohan was in Italy to receive an award at the 12th Annual Capri Hollywood International Film Festival. In a video, she is seen thanking organizers for inviting her to the festival, giving a shout out to John Malkovich, then later taking a swig from a bottle of champagne while on the dance floor.

In October, Lohan checked out of the exclusive Cirque Lodge Treatment Center in Utah, where she had been in treatment since August.

Lohan's treatment there began in the weeks following her early morning July 24 arrest in Santa Monica, Calif., on suspicion of drunken driving after a brief car chase.