Paul Drinkwater/NBC/NBCU Photo Bank via Getty Images
By Mark Malkin, E! Online
Despite what many may be assuming about Lindsay Lohan's state of mind when was arrested on assault charges early this morning at a New York City lounge, her lawyer insists she wasn't under the influence.?
"I can tell you when I was with her (Thursday) morning; she was in great condition," attorney Mark Heller tells E! News. "She was certainly not intoxicated, certainly not under the influence of drugs. She was clear (and) lucid, her eyes were clear. No alcohol involvement whatsoever on this occasion."
However, Heller said he didn't ask LiLo if she had been drinking or doing drugs at any point during the evening. "It wasn't even brought up," he said, adding, "She was perfectly appropriate. And the police made note of that."
Everything we know about Lindsay's latest arrest
Lohan is set to face formal charges at a Jan. 7 arraignment, but Heller believes he'll prove her innocence before then.
"We are going to be working very earnestly to establish that no charges should even be lodged," he said. "(The police) have already made arrangements to get the video from the ... club, which hopefully will reveal some exonerating information. After that, they could just walk away from the case and decline to even prosecute."
See all of LiLo's many mug shots here
Asked how the "Liz & Dick" star is doing right now, Heller said, "She's sleeping. She was up all night long and went through a very rough ordeal."
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