But the BLACK HAWK DOWN star will remain out of jail until a hearing on 8 November (04).
According to the prosecution, Sizemore refused a probation officer's request for a urine sample and "simply walked out" of the probation office.
Sizemore's lawyer contested that the 42-year-old actor had already had a negative test carried out on the same day and didn't want to undertake another test with someone he didn't know - for fear the sample would be tampered with.
He was sentenced to six months in prison in October 2003 after being convicted of domestic violence against former madam Fleiss.
His jail term was suspended to allow the actor to undergo drug rehabilitation treatment.
Sizemore was arrested again in August after drugs were found in his Los Angeles home. He claimed they "belonged to somebody else and were planted". Charges have yet to be made relating to the drugs arrest.03/09/2004 17:35