Lindsay Lohan's Failed Alcohol Test: Jail for Probation Violation?

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By Cynthia Hsu, Esq. on June 23, 2011 11:26 AM

Has there been another Lindsay Lohan probation violation? For Lohan, alcohol probation, court dates and hearings, and court-mandated drug and alcohol tests have been a reality since her two drunk driving arrests back in 2007.

She most recently pled guilty to stealing a necklace, and was sentenced to 120 days in jail which was reduced and converted to a home confinement.

And now, she may have failed a court-ordered alcohol test, reports CNN. This failed alcohol test has resulted in a probation violation hearing set for this morning.

Lohan has a history of violating her probation rules. Last month, a probation report stated that it seemed the actress was still struggling with her addiction problems. She tested positive for alcohol in February, and also failed a drug test in August which involved cocaine and amphetamines, reports CNN.

This most recent alcohol violation allegedly stems from a party she had at her house, according to the Los Angeles Times.

Though, Lohan's probation violation may not necessarily result in jail time. There are a variety of different punishments associated with violating probation, including fines, longer probation time, or other penalties.

Probation violations occur when you break a term or rule associated with your probation. Part of the probation terms that Lohan is under requires her to submit to alcohol tests and to stay away from alcohol. So, testing positive for alcohol likely means that she's violated terms of her probation.

Lohan's probation hearing requires, in most cases, for a prosecutor to show that a violation occurred by a preponderance of the evidence. After a probation violation hearing, sentencing will occur by the judge, who will determine what penalties to impose.

Lindsay Lohan's probation violation, since it will not be her first, might result in harsher reprimands and penalties by the judge. Lohan's alcohol probation terms may become stricter, since she has had a history of breaking the rules.

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