Can I Be Charged with Drug Trafficking Just for Driving?

 Posted on July 13, 2025 in Drug Charges

Why Texas Law Doesn't Always Require "Ownership" to File Serious Charges

Many people assume you have to be caught selling or handling drugs directly to be charged with trafficking - but in Texas, that's not always the case. Simply driving a vehicle that contains illegal substances can lead to drug trafficking charges, even if you didn't know the drugs were there.

Trafficking Charges Without "Ownership"

Here's the truth: Texas drug laws focus more on care, custody, and control than ownership. If you're in a vehicle where drugs are found - especially large quantities - police may assume you were involved in delivering or distributing them.

This means that even if you didn't know drugs were in the car, you could still be arrested and charged while the case is investigated. Prosecutors may claim you had "constructive possession" - meaning you had control over the vehicle and should have known what was inside.

Common Situations That Lead to Charges:

• Driving someone else's vehicle with drugs hidden inside
• Riding with a passenger carrying drugs
• Renting or borrowing a car used for transport
• Working for delivery services or ride share apps where drugs are planted
• Being stopped in a "drug corridor" or high-surveillance area

How Officers Build a Case

Law enforcement often builds trafficking cases based on:

• Statements made during the stop
• Drug-sniffing dog alerts
• Text messages or calls on your phone
• Cash, weapons, or packaging materials
• Surveillance or tip-offs before the stop

Even without direct evidence that you sold or planned to sell the drugs, the amount, packaging, and surrounding circumstances might be enough for a trafficking charge.

What You Should Do If You're Accused

If you're stopped and police find drugs in a vehicle you're driving:

• Remain silent - don't try to explain, justify, or shift blame
• Don't consent to any searches
• Call an experienced criminal defense attorney immediately

These cases often come down to whether the prosecution can prove you knowingly possessed or transported the drugs. That's where we come in.

We Know How to Fight These Charges

At Barbieri Law Firm, we've defended drivers accused of trafficking - even in cases where they didn't know drugs were in the car. We know how to challenge illegal searches, dispute "constructive possession," and find the weaknesses in the state's case.

Being in the wrong place at the wrong time should not ruin your future. If you're facing a trafficking charge just for driving, get the right team on your side.

Call us today to schedule a confidential consultation.