Shortly after her latest jail stint began, Whitmore told the press, "Ms. Lohan cannot be released early because this isn't a jail sentence. She's being held by court order until her hearing."
But her attorney Shawn Chapman Holley appealed Judge Elden S. Fox's surprise decision to remand the actress in custody without bail until her 22 October (10) hearing, and another Superior Court judge, Patricia M. Schnegg, ruled the original sentence was legally incorrect because it involved a probation violation for a misdemeanour conviction - and bail should have been an option.
Thanks to the updated decision, Lohan was allowed to walk free after posting $300,000 bail.
It's the third time Lohan has served a fraction of her sentence at Lynwood - earlier this year (10), she spent just 13 days of a 90-day sentence behind bars.
TMZ.com reports Lohan will be fitted with another alcohol-monitoring bracelet this weekend (25-26Sep10) under the terms of her release and she won't be allowed to associate with known drug users. She'll also be subjected to random searches.