What Are the Options if Actually Didn't Have Alcohol in Possession

My question involves criminal law for the state of: Virginia

My daughter is 19 yrs. old and was helping a very drunk friend walk across the street. Police officers stopped them. Her friend was throwing up and disoriented. Both had been to a party where drinking of alcohol was done. My daughter was breathlized and blew positively. She was given a ticket for possession of alcohol, but she really didn't have anything in her possession. What are her options and what can we expect for fines and charges?

Your daughter blew positive... therefore, within her body she possessed alcohol. If your daughter can give you the exact statute under which she was charged, we can help with the rest of your questions.

As cyjeff points out the fact she had been drinking is enough to convict her.
Many GDCs (especially those around college campuses) have a diversion program, $300, VASAP class, loss of driver's license for a year, and probation. if that is completed successfully, the criminal charge will be dropped. Otherwise this is a class 1 mis. $2500 fine/and a year in jail.

Okay its taken all day to get this information from my daughter. She's been in classes all day and had to find the ticket. She said this is what was writtern next to "under age possession of alcohol" "it says law section and then 4.1-305." Also her social security number is written wrong on the ticket. Will that matter? Thanks for all your help. Should we hire a lawyer before the arraingment.

Go here ... http://leg1.state.va.us/cgi-bin/legp...00+cod+4.1-305

Virginia Code Sec. 4.1-305. "No person to whom an alcoholic beverage may not lawfully be sold under § 4.1-304 shall consume, purchase or possess, or attempt to consume, purchase or possess, any alcoholic beverage...."

Even though she wasn't driving but walking, not public intoxication (her friend was charged with that too) and this is a first offense is it still mandatory to suspend the drivers license? She has a Florida Drivers license and this occurred in Virginia. Will hiring a lawyer help?

Okay its taken all day to get this information from my daughter. She's been in classes all day and had to find the ticket. She said this is what was writtern next to "under age possession of alcohol" "it says law section and then 4.1-305." Also her social security number is written wrong on the ticket. Will that matter? Thanks for all your help. Should we hire a lawyer before the arraingment.

Virginia can't suspend her Florida license, they'll suspend her privs to drive in Virginia. Will what matter? She's guilty of 4.1-305. The charge title means squat. The officer will testify in court as to the signs of intoxication and the breath test and that is consistent with the statute she is charged under. Slam dunk.