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Lindsay Lohan claims she failed alcohol test was caused by fermented tea, says report

Lindsay Lohan exits the courthouse following a probation hearing at LAX Courthouse, Thursday, June 23, 2011, in Los Angeles. Prosecutors say Lohan's court appearance related to her drunken driving case, not a misdemeanor theft case the actress resolved with a no-contest plea in May. (AP Photo/Chris Pizzello) Chris Pizzello

Lindsay Lohan exits the courthouse following a probation hearing at LAX Courthouse, Thursday, June 23, 2011, in Los Angeles. Prosecutors say Lohan's court appearance related to her drunken driving case, not a misdemeanor theft case the actress resolved with a no-contest plea in May. (AP Photo/Chris Pizzello)
Chris Pizzello

(CBS) - Even though Lindsay Lohan is already off the hook for her failed alcohol test, the actress claims that she wasn't drinking wine, liquor or beer: her cup was filled with fermented tea.

According to TMZ, Lohan has been telling friends she failed the alcohol test because she's been drinking  kombucha tea which contains a trace amount of alcohol. The company that makes the drink reportedly says the alcohol content is less than .05%.

TMZ reports that while Lindsay did fail an alcohol test on June 13, only one day after she held a rooftop party in Venice, Calif., she actually shouldn't have been tested at all. It turns out that the order requiring Lohan to submit to alcohol tests expired back in February.

Judge Stephanie Sautner, who presided over the actress's latest court date Thursday, ruled that Lohan did not violate the terms of her probation in a 2007 DUI case.

The often troubled starlet claims to be on the straight and narrow for once.

"I am responsible, and I'm following the rules and obeying my judge and the Los Angeles judicial system," Lohan told TMZ.

She added, "I'd like to do what I must to get my film career back and the respect of directors, actors, writers, studio heads, fans and so on."

Complete coverage of Lindsay Lohan on Crimesider

  • Casey Glynn

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