What Happens When Drugs Are Found in Motor Vehicles in Texas?
In most cases, drugs are found in motor vehicles in Texas because the police stopped the driver for some other reason and noticed signs of a potential crime that allowed them to search the vehicle. For example, in the fall of 2022, Texas A&M police stopped someone who was driving in the wrong direction and searched the car because it smelled like marijuana. They found marijuana as well as other drugs, along with an illegal weapon, and arrested the driver. This type of situation might seem fairly straightforward, but it could lead you to wonder, what would happen if there were other people in the car? For instance, could you be charged with possession if a friend brought drugs with them into your car?
Who Is Responsible for Drugs Found in a Motor Vehicle?
If police find drugs in a vehicle with multiple passengers inside, determining responsibility for the drugs can become complicated. Depending on the circumstances, anyone in the car could potentially be charged with constructive possession. This charge carries similar penalties to an actual possession charge, but it doesn’t require that the person charged actually be in physical possession of the illegal substance in question. To be convicted of constructive possession, a court would only need to prove that you knew the drugs were in the car and that you had control over the area where the drugs were located. This means you are much more likely to face a constructive possession charge if a friend was caught with drugs in your car than if you were a passenger in someone else’s vehicle.
The likelihood of a constructive possession charge also depends on details like where exactly the police found the drugs. If they found the illegal substance in one person’s pocket or handbag, that person would probably be the only one charged. If, however, that substance was found sitting out in plain view of everyone else in the car or locked in the truck, it’s much more likely that the police will assume the driver was aware of their presence. If the police found drugs during a traffic stop, it’s likely they had probable cause to search the vehicle because there were signs of illegal drug possession, like the smell of marijuana or drugs in a visible location. In this case, it’s likely that the police will assume everyone in the vehicle was aware that the drugs were present, which can make it more difficult to fight a constructive possession charge.
Is Possession the Only Charge or Was the Driver Also Intoxicated?
If police find drugs in your vehicle during a traffic stop, you may face DWI charges as well as drug possession charges. If you were drinking alcohol, you might be charged with DWI simply based on your BAC level. Since there isn’t a standard way to test for other substances, a drug DWI charge would be based on your level of perceived impairment. This can include factors like erratic driving behavior, field sobriety testing, and other observations made by the police. If you’re not thinking clearly and are less physically coordinated than you should be because of drug consumption, you can be charged with DWI, even for a drug that you were prescribed legally. Texas has an implied consent law for drivers, which means you need to agree to a blood test or breathalyzer test if you’re stopped. Refusing the test can lead to an automatic license suspension, regardless of whether you were intoxicated or not.
Different Levels of Drug Charges
Penalties for drug possession in Texas can vary dramatically depending on the amount of the illegal substance you had in your possession, as well as the type of drug. Texas divides drugs into four penalty groups. Penalty group one includes drugs like heroin, cocaine, GHB, and oxycodone, and involves the most serious consequences. Possessing less than a gram of a group one drug can result in up to a $10,000 fine and between 180 days and two years in jail. Possessing between four and 200 grams can lead to a $10,000 fine and between two and 20 years in prison. Other penalty groups include drugs that are considered less dangerous but still risky. For example, group three includes drugs like Xanax and Adderall that have legitimate medical uses but are also likely to be abused or used recreationally. Possessing less than 28 grams of one of these drugs can lead to up to a $4000 fine and one year in jail. Possession of between 28 and 200 grams can result in a larger fine of up to $10,000 and between two and 10 years in prison.
What About Marijuana?
Regardless of the more relaxed laws in other states, recreational marijuana is illegal in Texas. Possession of even a small amount can lead to criminal charges in most parts of the state. If you’re found with less than two ounces of marijuana, you could face up to 180 days in jail and a $2000 fine. Possessing more than four ounces is a felony. There are a few exceptions. Some cities take a more relaxed approach to marijuana possession like Austin’s “cite and release” policy. This means you won’t be arrested for possessing a small amount of marijuana, but you will need to appear in court and potentially face other legal consequences. In addition, doctors can prescribe low-THC medical marijuana for certain conditions like epilepsy or cancer. Medical marijuana can’t contain more than 1% THC. If you have a legitimate prescription for medical marijuana, you won’t be charged with possession. However, you could still be charged with DWI if the legally-obtained medical marijuana affects your ability to drive safely.
In Summary
Charges relating to drugs found in motor vehicles in Texas can be complex since they can involve actual possession, constructive possession, and/or DWI concerns. If you’re facing drug possession charges of any kind, contact an experienced attorney for legal guidance as soon as possible.
