Lohan has a scheduled progress report hearing and Judge Stephanie Sautner has ordered the actress, 25, to appear. Typically, defendants do not have to appear unless there is an issue.


Los Angeles City Attorney Melanie Chavira has reviewed transcripts from Lohan's DUI case when she appeared in front of Judge Elden Fox in Beverly Hills, and he had ordered the actress to undergo drug testing in late last year, and early in 2011.



Judge Sautner had determined at an earlier hearing that Lohan was ordered to appear at after testing positive for alcohol, that Judge Fox didn't intend for the Mean Girls star to undergo testing for alcohol, just controlled substances.

Sautner subsequently suspended the testing, despite the objections of the City Attorney.

"The City Attorney wants Lindsay tested for drugs and alcohol. "Lindsay has had two DUI's, and has been in rehab multiple times.

"Chavira asked Judge Sautner to order Lohan to submit to random drug and alcohol testing, when they met in chambers about the case last month, but she refused.


"Chavira wants to discuss Lindsay's partying while under house arrest, she did test positive for alcohol during that time," our source says. Lohan tested negative for illegal drugs during that time.

Judge Sautner stunned onlookers at Lohan's sentencing for her misdemeanor plea of grand theft, when she declared that she didn't believe the troubled actress had issues with drugs or alcohol, but had other underlying issues.

Even though the Los Angeles District Attorney is no longer handling the case, a D.A. will be there since the office has handled the bulk of Lohan's legal woes and can provide input if needed.