A Former Prosecutor And Drug Charge Defense Lawyer You Can Count On

Last updated on June 30, 2025

If you’re dealing with the weight of drug charges, it’s time to take action. North Carolina takes a harsh stance on drug crimes. A conviction could impact your life and freedom in a big way.

At Dow Law, PA in Asheville, we are fierce allies for people in your shoes. Our drug charge defense lawyer and former prosecutor, Dustin Dow, has more than 15 years of experience that he will put to work for you. He’s not just any lawyer; he’s one of the select few (3%) to achieve board certification in State Criminal Law through the North Carolina State Bar Board of Legal Specialization. He has handled upward of a thousand trials, which makes him a formidable advocate in court.

From Misdemeanor To Felony-Level Drug Crimes

In our state, drug charges can vary significantly based on the substance and the amount involved. Our drug crime lawyer handles charges at the misdemeanor level up to felony offenses.

Here are the common types of drug charges we see:

• Possession
• Possession with intent to sell, manufacture or deliver
• Distribution
• Trafficking
• Manufacturing
• Driving under the influence of drugs

The difference between charges, such as possession, trafficking and possession with intent, is largely determined by the weight of the drugs in question. Each carries its own set of potential penalties and requires a unique defense strategy.

Understanding The Drug Schedules in North Carolina

Under federal law, drugs fall under five categories called “schedules.” These schedules are organized based on their potential for abuse and accepted medical use. Here’s a simple breakdown:

• Schedule I: These drugs have a high potential for abuse and no accepted medical use. Examples include heroin and ecstasy.
• Schedule II: This category also includes drugs with a high potential for abuse. However, some are approved for medical use, subject to stringent regulations. Examples include cocaine, methamphetamine, and fentanyl.
• Schedule III: These drugs pose a lower risk of abuse compared to those in Schedules I and II. Many serve specific medical purposes, such as anabolic steroids and certain medications like ketamine.
• Schedule IV: Drugs in this schedule have a relatively low risk of abuse and dependence. They also have widely accepted medical uses. Examples include Xanax and Valium.
• Schedule V: These drugs have the lowest potential for abuse and are often used for medical purposes. Examples include cough medicine with less than 200 milligrams of codeine.

In some states, there is an additional category: Schedule VI drugs. Similar to Schedule V drugs, these substances have a low potential for abuse. The only difference is that these drugs have no accepted medicinal use. In North Carolina, this category includes marijuana, which is a Schedule I drug under federal law.

Penalties can vary per schedule, depending on the amount of drugs found and whether there was intent to sell or distribute. Courts consider possession of Schedule II to IV drugs as a Class 1 misdemeanor. This can result in 45 days of prison time for first offenses. Possession of Schedule I drugs, however, is a Class 1 felony. This can lead to four to five months in jail.

Certain factors can also lead to more severe penalties. Courts will look at prior convictions and specific circumstances, such as selling to minors or near schools. Our drug crime attorney will carefully evaluate your case and help you mitigate any potential penalties.

The Penalties For Impaired Or Drugged Driving

In North Carolina, the penalties for impaired or drugged driving, also known as Driving While Impaired (DWI), can be quite severe. For first offenses, a person can face anywhere between 24 hours to up to two years in jail, depending on the presence of aggravating or mitigating circumstances. This can include high blood alcohol content (BAC), reckless driving, accidents or injuries and having a child in the car.

Penalties can increase with each subsequent offense. Courts may consider habitual DWI – the fourth offense within ten years – as a felony, resulting in a minimum of one year in prison without suspension. Additional consequences may include:

• License suspension
• Mandatory assessment and completion of a substance abuse treatment program
• Ignition interlock device, especially if the BAC was 0.15% or higher
• Increased car insurance premiums

When facing impaired or drugged driving charges, issues with search and seizure often come up. Law enforcement must adhere to specific legal standards when stopping and searching vehicles. An unlawful search is a violation of your rights. Moreover, any evidence found in such a search is not admissible in court. This can significantly impact the outcome of a case.

What To Do After A Drug Arrest

If you’re arrested for a drug-related offense, remember this crucial advice: Do not talk to the police or prosecutor without your attorney present. While their main concern is making a bust, your lawyer will protect your rights and fight for your freedom.

Our drug crime attorney will devise a strategic approach for your case. Having been a prosecutor, Dustin knows what to look for in building a strong defense. He will scrutinize the details of your case to identify issues such as Fourth Amendment violations due to unlawful search or seizure. He understands how to leverage the strongest angles for getting the charges reduced – or, ideally, getting them dropped or securing a not-guilty verdict.

Your Future Is On The Line. Take The Next Critical Step Today.

If you’re facing drug charges in Western North Carolina, the next step you take will be critical. Move forward with the confidence of a proven criminal drug defense attorney. Contact our Asheville office for a free consultation: 828-214-5467.