Lindsay Lohan may have been drinking just before she crashed her Porsche last June on Pacific Coast Highway, but a field sobriety test was not performed.
Law enforcement sources say a bottle of alcohol was found next to Lindsay's Porsche, and her breath smelled of alcohol; it's unclear if she was drinking.
Despite this new revelation, prosecutors are reportedly offering a new plea bargain that does NOT involve jail, proving she truly is the luckiest person alive.
The Santa Monica City Attorney is prepared to offer Lindsay 60 days in a rehab facility in her lying-to-cops case, four months less than their initial offer.
In addition, the City Attorney wants Lindsay to attend another set of AA meetings, and do community service - closely monitored, not a la Chris Brown.
To be clear, Lindsay faces both criminal charges for lying to police in the wake of the crash, and the probation violation that offense potentially triggered.
It's not a good position to be in, but like always, she may escape it.
TMZ says the wild card is that the L.A. City Attorney is also involved because they're handling the jewelry heist case where Lindsay is still on probation.
Up to now, we're told the L.A. City Attorney wanted jail time for the probation violation, but the prosecutor may clear a path by backing off that position.
The plea bargain meeting between prosecutors and Lindsay's lawyer, Mark Heller - who previously alleged Lohan was not read her rights - is today.
Stay tuned for those fireworks.
Will Lohan do time?