Looks like Shia LaBeouf has had a bit of luck. Despite the fact that he is under suspicion of drinking while driving for that early morning crash Sunday, he is not at fault for the accident. The driver of the other vehicle ran a red light, causing the fender bender that sent Shia into surgery for a shattered hand.

Sheriff’s spokesperson Steve Whitmore has said that the Indiana Jones actor “was not at fault.” According to Whitmore, the Sheriff’s office has strong evidence that the other driver ran a red light. “As a result of this new evidence the other driver is also being charged.” Even though the accident wasn’t his fault, it doesn’t get the actor off on the misdemeanor DUI charge, even though he has yet to be formally charged. According to officers on the scene, LaBeouf showed “obvious signs of intoxication from the smell of alcohol coming from his breath.”

But it seems that not everyone believes that the young actor was indeed drunk. It has been confirmed that the unidentified female passenger with Shia at the time of the accident was his Transformers 2 co-star Isabel Lucas. Lucas was not seriously injured in the crash and was treated at Mount Sinai hospital for minor cuts and bruises. Neither Isabel nor her mother Beatrice believes that Shia had been drinking before getting behind the wheel. And Beatrice Lucas has spoken out about the accident. She told Australia’s Cairn Post that she doesn’t think that LaBeouf was intoxicated and driving. Why? Because she doesn’t think her daughter would be dumb enough to get in the car with someone drunk. “Isabel would not get into the car with someone she thought was drink-driving.” Everyone else at the crash site has indicated that Shia smelt like a brewery. Maybe alcohol smells different in Australia.

Tags: accident, indiana jones, isabel lucas, legal, shia labeouf, transformers