The other day HG reported that Shia LaBeouf would claim he wasn’t drunk at the accident scene, because police did not perform a Breathalyzer, and he could say he appeared drunk to police because of the physical shock of the accident, and his left hand injury. Well that’s becoming the official story line.

Michael Bay, who is directing Transformers 2, gave the following interview to Access Hollywood supporting our prediction:

Shia LaBeouf was not drunk when he was involved in a collision that resulted in his truck flipping upside down on Sunday morning according to the actor’s boss, “Transformers: Revenge of the Fallen” director, Michael Bay.

In a new interview with Access Hollywood’s Billy Bush airing on Access August 1 and “The Billy Bush Show,” Bay claimed LaBeouf was not under the influence when his green Ford F-150 truck collided with another car in the early hours of Sunday morning. While authorities have claimed in the media that officers believed the actor was drunk when they reached the scene of the accident, Bay said LaBeouf’s arrest on suspicion of driving under the influence will not stick.

“You’re gonna see — that’s gonna go away,” Bay said. “That’s fresh news… He was not drunk. He was drinking hours and hours before.”

In the hours leading up to the crash at the intersection of Fountain and LaBrea, LaBeouf attended a concert at the Los Angeles Troubadour music venue with his “Transformers: Revenge of the Fallen” co-star Isabel Lucas. A source claimed in Us Weekly the actor was drinking at the event.

“He was dancing around and acting really crazy,” the source claimed to Us. “He kept doing shots of whiskey.”

Shortly before 2:30 AM, another driver ran a red light, according to authorities who confirmed LaBeouf is now not being investigated for causing the crash.

Following the incident, the actor was taken to an area hospital where he was cited, arrested and booked on suspicion of DUI shortly before undergoing hand surgery at around 5:30 AM Sunday, the injury a result of the crash. The actor’s current condition might even be written into the “Transformers: Revenge of the Fallen” script according to Bay.

“I spoke to him yesterday in the hospital,” Bay said. “His two fingers are pretty mashed, but we’re figuring out a way to shoot around it, kind of write it in the story.”

In a strange twist, Bay said he had a conversation with the 22-year-old actor about safety, days before his crash.

“We had a little heart to heart the week before when he bought a brand new motorcycle and I [said] ‘Dude! You cannot ride that motorcycle! If you crash, you put 1,500 people out of work,’” the director recounted. “He said, ‘Ok, I won’t ride it, I won’t ride it, I’ll just drive my truck.’”

Despite the incident on Sunday, Bay said LaBeouf has his head on his shoulders.

“The kid really has his head together and you know, he’s only 22,” Bay said. “He’s doing a great job on this movie. He’s really matured since the last one and I love working with him.”

We believe Shia had been drinking, but without any evidence of his blood alcohol level, or sobriety test results from the accident, no one can say for sure if Shia was drunk or not. No one has asked why police did not ask Shia’s blood to be tested in the hospital. We do know that Shia took responsibility while at the scene of the accident, and police have faulted the other driver for having ran a red light. It seems Shia deserves a break this time, and he’s getting it. Use it wisely Shia.