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Lohan won't go to jail for failed alcohol test

Actress Lindsay Lohan won't go to jail for failing an alcohol test while serving house arrest.

But Los Angeles Superior Court judge Stephanie Sautner warned Lohan to behave herself as she nears the end of an expected 35 days of home confinement, and banned her from holding further parties.

"Don't give people reason to hate you. Don't do stupid things that fly in the spirit of the court's order," she told Lohan. "You know I sentenced you to jail. You know I didn't sentence you to house arrest, and what do you do? You have barbecues at your house so your neighbors are writing letters about you," Sautner told her.

Celebrity Web site TMZ said the "Mean Girls" actress threw a noisy barbecue party for friends at her house last week.

"Poor judgment is not a violation of your probation," Sautner said. E! reported that the judge also told Lohan her neighbors have been writing letters to the court complaining about her behavior.

Lohan tested positive for alcohol on one of the two tests she took earlier this month, NBC News reports.

Lohan's attorney, Shawn Chapman Holley, defended her client, E! reported. "It's not a positive test, she's not supposed to be tested after Feb. 25 at all," Holley said. "I don't know if she drank alcohol or not...But she is permitted to drink alcohol in her home. Alcohol is not a violation of her probation."

Lohan appeared in court Thursday to face charges that she violated probation. Reportedly, the judge decided that the failed test did not violate restrictions imposed on Lohan by an earlier judge in the case because the time period for testing had expired.

The actress is no fan of life behind bars. She told Life & Style magazine that prison is "a scary place, and a place that I don't wish on anyone."

Although Lohan also told the magazine that "alcohol is not in my house," TMZ.com published a photo of an open wine bottle reportedly taken on June 9 at Lohan's home.

The actress, whose previous court outfits have been criticized for inappropriateness, entered court dressed in black pants, a long-sleeved buttoned shirt, and wearing sunglasses.

No cameras were allowed in the courthouse despite being present for earlier Lohan court hearings. Another progress report has been set for July 21.

Lohan has been on house arrest since last month. She had been expected to serve 35 days of a four-month sentence for violating her probation on a 2007 drunken driving case by taking a necklace from a store without permission. She was just a week from completing that service when the failed test was reported.

Lohan resolved the theft case with a no contest plea in May.

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