Drug charges from a Texas traffic stop often result from searches based on alleged “probable cause,” but an experienced defense attorney can challenge the legality of the stop, suppress evidence, and protect your rights against harsh felony penalties.
At Daniel Collins Law, we’ve helped clients across Fort Worth and Tarrant County fight back after being arrested during a traffic stop. With over 15 years of experience in criminal defense, we understand how to challenge unlawful searches, suppress evidence, and protect your future. Here’s what you need to know about your rights and the legal implications of drug charges stemming from a traffic stop in Texas.
Why Do Traffic Stops Lead to Drug Charges?
In many cases, police officers stop a driver for a minor traffic violation, such as:
- Speeding
- Running a red light
- Broken headlights or taillights
- Expired registration
During the stop, if the officer claims to smell marijuana, sees drug paraphernalia in plain view, or otherwise develops “probable cause,” they may search your vehicle. If drugs are found, you could be charged with:
- Possession of a controlled substance
- Possession with intent to distribute
- Drug trafficking
- Possession of drug paraphernalia
- Possession of THC vape pens or concentrates
These charges carry serious consequences, especially if the quantity is large or if you have prior convictions.
What Are Your Rights During a Texas Traffic Stop?
Knowing your rights during a traffic stop is critical. Even if you’ve been arrested, the way the stop and search was handled could affect your case significantly.
You have the right to remain silent.
You do not have to answer questions about where you’re going, where you’ve been, or whether you have drugs in the vehicle. Be polite, but you are not required to give information that could incriminate you.
You have the right to refuse consent to a search.
If an officer asks, “Do you mind if I search your car?”—you can say no. If they search anyway, your attorney may be able to challenge the legality of that search in court.
You have the right to an attorney.
If you’re arrested, ask for a lawyer and do not speak further without legal counsel present.
The Fourth Amendment protects you from unreasonable searches and seizures.
This means officers must have probable cause, a warrant, or your consent to conduct a legal search. If they violate this rule, any evidence they gather—such as drugs found in your vehicle—may be inadmissible in court.
Legal Implications of Drug Charges From a Traffic Stop
Texas takes drug crimes seriously. Even small amounts of controlled substances can result in harsh penalties.
Common penalties include:
- Possession of under one gram of a Penalty Group 1 drug (e.g., cocaine, meth): State jail felony (six months to two years in state jail)
- Possession of one to four grams: Third-degree felony (two to 10 years in prison)
- THC oil or concentrates: Felony charges, even for amounts under one gram
- Possession with intent to deliver: More severe penalties depending on the weight and type of substance
A conviction can also result in a permanent criminal record, driver’s license suspension, loss of student aid, and barriers to employment and housing.
What to Do If You’re Arrested During a Traffic Stop
If you’re facing drug charges after a traffic stop, here are your next steps:
Do not speak to police without an attorney.
Anything you say can be used against you. Politely decline to answer questions until you have legal representation.
Document everything.
Write down what happened during the stop—why the officer pulled you over, whether they asked for consent to search, and what they found.
Hire an experienced Texas criminal defense attorney.
Drug cases that begin with traffic stops often hinge on whether the search was legal. An attorney can file motions to suppress evidence, negotiate with prosecutors, and advocate for reduced or dismissed charges.
How Daniel Collins Law Can Help
At Daniel Collins Law, we’ve defended countless clients charged with drug crimes after traffic stops in Fort Worth and Tarrant County. We examine every detail of your case, from the reason for the stop to the procedures used in the search and arrest.
We may be able to get your case dismissed by showing:
- The traffic stop lacked legal justification
- The search was illegal
- The drugs didn’t belong to you
- You were unaware of the presence of the substances
- The state cannot prove possession beyond a reasonable doubt
Our priority is protecting your freedom, your reputation, and your future.
Contact Us Today for a Confidential Consultation
If you were arrested for drug possession or trafficking during a traffic stop in Texas, don’t wait. Your rights, your record, and your future are on the line.
Contact Daniel Collins Law today to schedule a confidential consultation and start building a strong defense.
