My question involves criminal law for the state of: Virginia
Similar to the post before me, I was at a party at the college I will be attending next year, and had my first ever experience with alcohol. I blacked out, and when I came to I was at a police station with my parents. Knowing my rights (even in a drunken stupor), I refused a breathalyzer, but the officer told my parents that because he could smell it on my breath and because I could not stand, it was still considered underage possession of alcohol. I am uncertain as to why it was not a "drunk in public" charge, because I had no physical possession of the substance. I am 17 and have a spotless record, and want to know what to expect on my court-date. Also, any advice on action I should take to reduce the severity of the sentencing, etc. would be greatly appreciated.

