Dow Law, PA

North Carolina DWI enforcement has evolved

2026-05-02T20:49:51Z

Drivers in North Carolina may face driving while impaired (DWI) charges due to an elevated blood alcohol concentration (BAC), demonstrable impairment at the wheel or a failed drug test. The laws that govern DWI offenses and the penalties imposed by the courts shift based on statistics related to offenses and developments in technology. Anyone facing a DWI charge in North Carolina likely needs to be aware of how state statutes and enforcement efforts have shifted in recent years as they begin developing a defense strategy for fighting their pending charges.

Changing interlock requirements

Ignition interlock devices (IIDs) require that drivers test themselves for alcohol before starting their vehicles and while driving for extended periods. Lawmakers have modernized IID rules and expanded access to limited driving privileges after DWI convictions. Those accused of having an especially high BAC of 0.15% or greater and those who refuse breath tests are likely to face an IID requirement. Exactly what rules apply and whether a driver is eligible for limited driving privileges depends on the date of the offense and the severity of the alleged violation.

The Second Chance Act rollout

Expunctions or record sealing requests often require a court petition, but state lawmakers adopted rules allowing for automatic expunction for those with dismissed cases or not-guilty verdicts. While DWI convictions do not qualify for expunction, those with dismissed cases can potentially remove the record of their arrest and unsuccessful charges to allow them to pass a background check.

Expanded use of e-warrants

Electronic blood draw warrants or e-warrants have become relatively common and easy for officers to secure. If a driver refuses a breath test following a DWI arrest, officers can complete a relatively fast e-warrant request to conduct a lawful blood draw before too much time passes. Even if the state secures chemical evidence, violations of the implied consent law still carry a driver's license suspension.

Challenges in drug-impaired driving cases

Due to the federal legality of hemp and CBD products and the lack of a per se limit for the active ingredients in such products, local police departments and law enforcement agencies rely on evaluations by drug recognition experts (DREs) and toxicology reports from blood draws. Odor-related probable cause searches continue to make their way through the courts and have yet to drastically alter current law enforcement practices. Holdover policies from the COVID era continue to affect court operations in some jurisdictions. Some counties still allow for virtual appearances for certain hearings, but DWI defendants generally need to appear in person. Significant backlogs may increase laboratory testing timelines and can influence how rapidly a case goes to trial. North Carolina DWI defendants need the support of professionals who understand these changes to statutes and investigative procedures. Consulting with a dedicated attorney as soon as possible after a DWI arrest can help people understand their charges and possible defense strategies in informed ways.

3 recent changes to North Carolina gun laws you should know

2026-05-29T19:10:26Z

As a responsible gun owner in Buncombe County, staying up to date on North Carolina’s evolving firearm laws is a critical part of protecting your rights. Recent changes have created confusion about requirements, especially regarding handgun purchases. Understanding the current state of the law is the best way to avoid an accidental violation. While the rules can be complex, we have outlined three important aspects of North Carolina gun law that every owner in our community should know.

1. The pistol purchase permit system is repealed

The most significant recent change to North Carolina gun law happened in 2023 with Senate Bill 41. Under this law, you no longer need to get a pistol purchase permit from your local sheriff to buy a handgun. However, this does not eliminate the background check. It is still a requirement for a licensed firearms dealer to conduct a federal background check through the National Instant Criminal Background Check System (NICS) before completing the sale.

2. Rules for concealed carry remain strict

While the rules for purchasing a handgun have changed, the laws regarding where you can legally carry a concealed weapon have not. Even with a valid North Carolina Concealed Handgun Permit (CHP), there are many places where carrying a firearm is still prohibited. N.C. Gen. Stat. § 14-415.11 specifically lists off-limit areas, which include schools, courthouses and certain government buildings. It is important to remember that a permit does not grant you the right to carry a concealed handgun everywhere.

3. You have a duty to inform law enforcement

If you have a North Carolina CHP, the law requires you to take a specific action during any traffic stop or other official encounter with law enforcement. Under N.C. Gen. Stat. § 14-415.11(a), you must disclose to the officer that you have a valid permit and inform them that you are armed. This disclosure should happen as the officer approaches. Following this simple rule is a key part of a safe and lawful interaction.

Questions about Kentucky's new gun laws? Former prosecutor and board-certified Asheville trial attorney Dustin Dow brings 15+ years, 50+ jury verdicts, and 1,000+ bench trials to your case. Call [nap_phone id="LOCAL-CT-NUMBER-1"] for a free consultation in Asheville, Buncombe County, and Western North Carolina.

Staying informed is your best defense

North Carolina’s firearm statutes can be difficult to navigate, and even a responsible owner can make an unintentional mistake. If you are facing a weapons charge or have questions about your rights in Buncombe County, you do not have to face the situation alone. Consider speaking with an experienced criminal defense attorney to understand your options.

First time DUI in Buncombe County, NC? Immediate steps to save your license and your case.

2025-10-03T15:34:17Z

Facing a first-time driving under the influence (DUI) charge in Buncombe County, North Carolina can be overwhelming. Taking action can help you to gain some control over the situation. Steps to do so include learning about the legalities, the potential consequences, and ways to protect your license as well as mitigate the impact of the charges.

Step #1: Learn the legalities

In North Carolina, charges for DUI can apply when anyone operates a vehicle with a blood alcohol concentration at or above 0.08%. Even a first DUI offense can result in penalties such as fines, license suspension, and even jail time. The severity of these penalties often depends on factors like your blood alcohol concentration (BAC) and any aggravating circumstances like the presence of a minor in the vehicle at the time of the charges or if the charges are in connection to a car accident.

Step #2: Understand the consequences

It is important to take the allegations seriously. If the prosecution is able to build a successful case, you can face serious penalties potentially including:

License suspension: A first-time DWI conviction can lead to a one-year license suspension. However, you may be eligible for a limited driving privilege after a certain period.
Fines and fees: You may face fines ranging from $200 to $4,000, depending on the level of your offense.
Probation or jail time: While jail time is possible, especially for higher-level offenses, probation is more common for first-time offenders.
Loss of professional licensure: A conviction can also threaten professional licensure like a commercial driver’s license, medical license, or nursing license.

You can take steps to reduce the risk of these or more serious consequences.

Step #3: Protect your license and your rights

It is wise to seek legal counsel from an attorney with experience in DUI cases in Buncombe County. They can provide guidance tailored to your specific case and help you understand your options. In many cases, the next step is to request a hearing. It is important to note that you have a limited time to request a hearing with the North Carolina Division of Motor Vehicles (DMV). This hearing is an opportunity to contest your license suspension. It is also important to begin to collect any evidence related to your arrest, such as police reports, witness statements, and any video footage. This information can prove important when building your defense. Review all documents for court dates. Missing a court date can result in additional penalties. Make sure to attend all scheduled hearings and comply with any court orders. By taking these steps, you can better position yourself to handle the legal process and potentially mitigate the consequences of your DUI charge.

Domestic violence charges in Buncombe County, NC: how to protect your future

2025-10-02T18:45:48Z

Domestic violence charges in North Carolina can arise from various situations involving family or household members. These charges can include physical assault, threats, harassment, or any behavior intended to control or harm another person. The consequences of a conviction can be severe, affecting your personal and professional life. It is important to take prompt action to mitigate these negative impacts.

Step #1: What do I do after the allegations?

First steps include:

Seek legal counsel: Contact legal counsel with experience in domestic violence cases. They can provide guidance tailored to your situation and help you navigate the legal system.
Understand the charges: Buncombe County is making a focused effort to pursue those accused of domestic violence. As such, it is wise to familiarize yourself with the specific charges against you. This knowledge will help you and your attorney build a strong defense.
Comply with court orders: If a protective order is issued, follow its terms strictly. Violating a court order can lead to additional charges and complications.

Taking these steps can help you manage the immediate challenges and set the stage for a more favorable outcome.

Step #2: How do I build a defense?

The first step is to gather evidence that supports your case, such as text messages, emails, or witness statements. This information can help to disprove the allegations. It is also helpful to compile a list of individuals who can testify on your behalf. Their accounts can provide valuable context and support your defense.

Facing domestic violence charges in Buncombe County, NC, is a serious matter that requires immediate and informed action. By seeking legal counsel, understanding the charges, and building a strong defense, you can take steps to protect your future. Remember, the decisions you make now can have lasting impacts, so it is crucial to approach the situation with care and diligence.

What insurance companies don’t want you to know about car accident claims

2026-05-29T19:15:26Z

Getting into a car accident is a traumatic experience, especially if you or your loved ones suffer injuries. Amidst the chaos, you might expect insurance companies to ease your burden. However, don't rely on the other party’s insurer – or your own – to have your back. Insurance companies often use several tactics to protect their bottom lines, sometimes at your expense. However, having experienced legal guidance can help you approach the claims process with confidence.

Common costly insurer tactics

While some claims proceed smoothly, many insurers resort to unfair practices to reduce payouts. Here are some common bad-faith tactics in various types of claims:

Unreasonable delays: Insurers might drag out the claims process, hoping you'll give up. For example, they may delay investigating your claim for months, testing your patience while your bills pile up or go past due.
Incomplete investigations: Insurers may not thoroughly investigate your claim. They might make a few phone calls and issue a denial without a proper evaluation, as seen when a claims adjuster dismisses your car damage as pre-existing without inspecting it.
Deceptive practices: Sometimes insurers won't disclose all coverage options. For instance, they might not inform you about additional claims you could file for lost income after a theft impacts your business.
Lowball offers: Insurers may offer less money than your claim is worth. For example, if a tree damages your roof, they might propose covering only half the repair cost despite your policy covering more.
Misrepresenting policy language: They might misinterpret policy terms to your disadvantage. For example, suggesting you might commit fraud if you file an auto insurance claim if you’re partially at fault for the accident.
Refusing to pay valid claims: Insurers may unjustly deny claims they should cover. If an uninsured driver hits your car and your policy includes uninsured motorist coverage (UM), your own insurer might still refuse to pay.
Threatening statements: Insurers should never threaten policyholders. If they do, legal advice is crucial.

Failing to recognize these practices can lead to unfair settlements or denied claims.

Have questions about your insurance after a car crash? Former prosecutor and board-certified Asheville trial attorney Dustin Dow brings 15+ years, 50+ jury verdicts, and 1,000+ bench trials to your case. Call [nap_phone id="LOCAL-CT-NUMBER-1"] for a free consultation in Asheville, Buncombe County, and Western North Carolina.

How can you hold an insurer accountable?

Skilled personal injury attorneys understand these tactics and can help you avoid getting shortchanged. In car accident cases, typical compensation includes:

Medical expenses: Covers hospital bills, medications and rehabilitation costs
Lost wages: Compensates for the income you lose while recovering
Property damage: Pays for repairs or replacement of your vehicle
Pain and suffering: Accounts for physical and emotional distress

Insurers have the resources to wear you down by denying, delaying or devaluing claims. However, working with an experienced car accident attorney can hold negligent parties and their insurers accountable, ensuring you receive the justice and compensation you deserve.

Can employers in NC discriminate against convicted sex offenders?

2026-05-29T19:02:26Z

In North Carolina, employers have the right to consider an applicant's criminal history, including sex offender status, when hiring. This means that employers can potentially not hire someone based on a conviction of a sex offense. However, federal laws provide some protection against criminal discrimination based on criminal history, mainly if the conviction is irrelevant to the job.

Restrictions on sex offender employment

In North Carolina, criminal records are generally available to the public, which allows employers to conduct background checks on potential employees. Employers may ask job applicants to explain any sex crime conviction in their record and decide whether such a person represents a risk in the work environment. Also, the state imposes several key restrictions on sex offenders in the workplace, such as prohibitions:

Work or volunteer in any capacity that involves instruction, supervision, or care of minors. This applies to paid and unpaid positions.
Obtain or renew commercial driver's licenses with passenger or school bus endorsements.
Receive or renew Emergency Medical Technician credentials.

Some individuals convicted of specific sex offenses are ineligible for funeral service licenses.

Charged with a crime? Questions about how a conviction can impact employment? Former prosecutor and board-certified Asheville trial attorney Dustin Dow brings 15+ years, 50+ jury verdicts, and 1,000+ bench trials to your case. Call [nap_phone id="LOCAL-CT-NUMBER-1"] for a free consultation in Asheville, Buncombe County, and Western North Carolina.

Legal protections

While these restrictions exist, employers still must comply with federal and state laws that provide some protection against discrimination based on criminal history. The Equal Employment Opportunity Commission (EEOC) guidelines require that any employment decision based on criminal history be job-related and consistent with business needs. This means that employers should consider the nature of the offense, how long ago it occurred, and its relevance to the job, either for job applicants or employees whose jobs are in question after a background check. Additionally, the EEOC suggests that employers allow individuals to explain their past offenses and any mitigating circumstances before making a final employment decision. Facing accusations of a sex crime is a serious and potentially life-altering situation that requires immediate and skilled legal assistance. Seeking a qualified criminal lawyer who focuses on defending against such charges is crucial to navigating the complex legal and protecting your rights. Laws strive to balance public safety with the rights of convicted sex offenders seeking employment. While there are limitations on jobs they can have, employers cannot categorically refuse to hire them. Both parties must understand and follow relevant legal and regulatory requirements.

What do injured people need to prove in a premises liability lawsuit?

2026-05-29T19:23:53Z

When an accident occurs on someone else's property in North Carolina, it can often lead to a premises liability lawsuit. In these situations, the task of proving negligence falls on the injured person. What should you know about these situations?

What is premises liability?

Property owners must ensure that their property is reasonably safe for visitors, and failing to do so can lead to legal consequences. Premises liability refers to a legal principle that holds property owners and residents liable for accidents and injuries that occur on their property. This could include a slip and fall, injuries that result from inadequate security, or any other injuries that relate to hazards on the property.

What do injured people have to prove in a premises liability claim?

In North Carolina, like in many other states, the injured person bears the burden of proof in a premises liability case. This means the victim must demonstrate that the property owner’s negligence led to their injury. To establish a premises liability claim in North Carolina, an injured person must prove several elements.

Duty of care: The injured person must show that the property owner had a duty to help protect their safety. Generally, property owners owe the most care to people they invited on their property, while they would not owe a trespasser the same care.
Breach of Duty: The injured person must prove that the property owner did not do their duty. This could involve failing to repair a known hazard, not warning of potential dangers or any action that falls below the reasonable standard of care expected.
Causation: The injured person must show that the property owner’s negligence was a direct cause of the injury. This means showing that the injury would not have occurred if it were not for the owner’s negligence.
Damages: Finally, the plaintiff must prove that they suffered actual damages because of the incident. This can include medical bills, lost wages, pain and suffering and other related costs.

Injured in a slip, trip, and fall accident? Former prosecutor and board-certified Asheville trial attorney Dustin Dow brings 15+ years, 50+ jury verdicts, and 1,000+ bench trials to your case. Call [nap_phone id="LOCAL-CT-NUMBER-1"] for a free consultation in Asheville, Buncombe County, and Western North Carolina.

North Carolina Contributory Negligence Laws

One unique aspect of North Carolina law is the doctrine of contributory negligence. Under contributory negligence, if the court decides that the injured person is even slightly at fault for the incident, they cannot recover any money from a lawsuit. This means that if the injured party did not take precautions to keep themselves safe, their case might not result in compensation. The burden of proof in North Carolina premises liability lawsuits places a significant responsibility on the injured party. With careful preparation and the right legal guidance, injured people can effectively present their case and seek the justice and compensation they deserve.

I’m facing aggravated assault charges: What should I know?

2026-02-03T10:39:34Z

Assault charges are among the most common criminal offenses a person can face in North Carolina. They can stem from an argument between acquaintances to attacks with deadly weapons. Even though assault charges happen often, people need to take them seriously because they can have a big impact on their lives. These charges can lead to serious legal trouble and long-lasting personal issues, particularly when aggravating factors come into play.

What are aggravating factors?

Aggravating factors are elements that make an assault charge more severe. If proven, these factors lead to harsher penalties, like higher fines and longer jail sentences. Some examples of aggravating factors include:

Prior aggression: If you have a history of aggressive behavior, it can be used against you.
Use of a weapon: Using a weapon during the assault significantly increases the severity of the charge.
Criminal record: A past criminal record can be an aggravating factor, especially if it includes violent crimes.
The severity of the crime: The more severe the assault, the more likely it is to be considered aggravated.
Breach of trust: Assaulting someone who trusted you, like a family member for whom you are the caretaker, can be more serious.

These factors can make a big difference in the outcome of your case and any penalties you could face.

Defending against aggravating factors

Defending against claims of aggravating factors can be complicated. However, it is up to the prosecutors to prove beyond a reasonable doubt that these factors exist. This means they must provide clear and convincing evidence for each aggravating factor they claim. Having a solid defense is key. This might involve challenging the evidence presented or providing context that mitigates the perceived severity of the aggravating factors. For example, if the prosecution claims you had a weapon, showing you used it in self-defense could be a crucial part of your defense. Successfully disputing aggravating elements could lead to dismissed charges, lighter sentencing or alternative penalties, such as probation instead of jail time. Each case is unique, so the specific outcomes will depend on the evidence and your defense strategy.

Protect yourself and your rights

Understanding aggravating factors and how they impact assault charges in North Carolina is essential. These factors can lead to harsher penalties, but challenging them can make a significant difference in your case.

Facing prescription drug charges? Don’t lose hope

2024-08-14T18:33:02Z

Prescription drug offenses can affect anyone, from college students and parents of young kids to injured workers and medical professionals. Because people facing these allegations may also be struggling with addiction or pain, it is crucial to approach these cases with care and a commitment to protecting people’s rights and well-being.

Common prescription drug charges

Although prescription drugs are legal, they are still at the center of serious criminal charges. And unfortunately, situations like the ongoing opioid crisis have shown how easily people can misuse these medications. Even people without any criminal history or intentions can make mistakes out of fear or desperation. Some of the most common offenses related to prescription drugs include:

Possession without a prescription: Having medication that was not prescribed to you
Intent to sell: Possessing a large quantity of prescription drugs, suggesting plans to distribute them
Fraud: Selling prescriptions, forging documents or posing as a physician

These offenses come with harsh penalties, including jail time, fines and a criminal record.

Medical professionals and prescription drug crimes

People in the medical field can also get into serious trouble for distributing or giving out illegitimate prescriptions. This includes doctors, nurses and pharmacists, who may face charges if they write or fill prescriptions that are not medically necessary. In addition to the criminal consequences mentioned above, professionals accused of a prescription drug crime can face the loss of their medical license and damaged reputations. It’s essential to follow all legal guidelines to avoid serious repercussions associated with prescription drugs.

Know your rights and defense options

Prescription drug crimes are frightening, but you have rights worth protecting. If you are facing charges, seeking legal advice to discuss your options and build a strong defense is crucial. Prescription drug charges in North Carolina are serious, but understanding the laws and your rights can help you defend against them. Whether you face possession charges or are a medical professional accused of improper prescription practices, you have options when defending yourself, your rights and your livelihood.

Field sobriety tests and breathalyzers in North Carolina

2026-05-29T19:13:16Z

Getting pulled over can be a stressful experience, especially if an officer suspects you of driving under the influence (DUI) or driving while impaired (DWI). In North Carolina, law enforcement has tools at their disposal to assess your sobriety. These tools fall into two main categories: field sobriety tests (FSTs) and breath tests. What's the difference between them, and what are your rights when it comes to taking these tests?

Field Sobriety Tests (FSTs): A roadside assessment

Field sobriety tests are a series of standardized physical and mental tasks administered by an officer on the side of the road. Common FSTs include:

The horizontal gaze nystagmus (HGN) test: Checks for involuntary jerking of the eyeballs when following a moving object.
The walk-and-turn test: This assesses your ability to follow instructions, divide attention and maintain balance.
The one-leg stand test: Evaluates balance and coordination while focusing on a single limb.

While FSTs can provide a general indication of impairment, they are not foolproof. Factors like fatigue, nervousness or certain medical conditions can affect performance. You have the right to refuse FSTs. There is no penalty for declining these tests. The officer may use your refusal as a factor in determining probable cause for arrest, but it won't automatically lead to a license suspension. If you're confident in your sobriety, you might choose to decline. However, some argue that cooperating with these tests, even if you're nervous, can demonstrate your willingness to comply.

Facing A DUI in North Carolina due to a field sobriety test or breath test? Former prosecutor and board-certified Asheville trial attorney Dustin Dow brings 15+ years, 50+ jury verdicts, and 1,000+ bench trials to your case. Call [nap_phone id="LOCAL-CT-NUMBER-1"] for a free consultation in Asheville, Buncombe County, and Western North Carolina.

Breath Tests: Chemical analysis for alcohol

Breath tests, also known as chemical tests, analyze your breath for the presence of alcohol. Implied consent laws mean that by operating a vehicle on the roads, you consent to a chemical test if you are arrested for DWI. There are two types:

Preliminary breath test (PBT): This is a roadside screening test often used to get a quick indication of alcohol presence.
Intoxilyzer (EC/IR-II): This is the more precise breath test administered at the police station.

You have the right to refuse a breath test. However, unlike FSTs, refusing a breath test comes with a penalty. Your driver's license will be automatically suspended for one year if the officer has probable cause to believe you were impaired. However, if the administration of the test is deemed illegal, refusing the test might be part of your legal defense. Understanding the difference between FSTs and breath tests and your rights regarding each can be empowering during a DWI traffic stop. Remember, you have the right to remain silent and to consult with a legal team if you’re arrested, regardless of your circumstances.