Lindsay Lohan Tested Positive for Alcohol After Rehab

UPDATED 05/12/2011 at 09:00 AM EDT Originally published 05/11/2011 at 07:25 PM EDT

Lindsay Lohan Tested Positive for Alcohol After Rehab
Lindsay Lohan
David McNew/Pool/Sipa
Lindsay Lohan drank alcohol the night she scuffled with a Betty Ford employee and failed a random alcohol test after she left rehab, according to a probation report.

The report, released Wednesday after her no-contest plea to misdemeanor theft of a $2,500 necklace, also states that Lohan "has been suspected of similar conduct in other jewelry stores," but no charges were ever filed.

The probation report says Lohan indeed drank alcohol after sneaking out from the Betty Ford Center in December, citing local police interviews with restaurant and nightclub employees. Charges that she battered a rehab employee that night were dropped for lack of evidence.

And Lohan, 24, tested positive for alcohol in February, one week after her assistant surrendered the allegedly stolen necklace to the LAPD.

"The probation officer believes that substance abuse is the root of the defendant's problems," the report says, although L.A. Superior Court Judge Stephanie Sautner disagreed with that assessment on Wednesday.

Instead, Lohan was ordered to psychological counseling instead of more rehab, in addition to a four-month jail term and community service. For now, Lohan will not be randomly tested for drug and alcohol use.

She is expected to be allowed to serve her jail term in home detention because she's a nonviolent offender and is eligible for early release for good behavior as well as budget constraints.

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