What is the Difference Between DUI and DWI in New Jersey?

March 13, 2025

What is the Difference Between DUI and DWI in New Jersey?

Driving under the influence (DUI) and driving while intoxicated (DWI) are terms often used interchangeably, but in New Jersey, they have specific legal meanings. Facing either charge can result in severe penalties, including fines, license suspension, and even jail time. Understanding how New Jersey law classifies these offenses is crucial for those accused of impaired driving.


Legal Definitions of DUI and DWI in New Jersey

Unlike some states that distinguish between DUI and DWI, New Jersey law does not differentiate between the two. Both terms refer to operating a vehicle while impaired by alcohol, drugs, or a combination of substances. Under N.J.S.A. 39:4-50, anyone found with a blood alcohol concentration (BAC) of 0.08% or higher or under the influence of drugs can be charged with a DWI. Despite the common use of "DUI" in conversation, the state officially recognizes the offense as DWI.


How Alcohol and Drug Impairment Affect Charges

A DWI charge in New Jersey applies to more than just alcohol-related impairment. Individuals can also be charged if they are under the influence of drugs, including prescription medications and illegal substances. Law enforcement officers may conduct field sobriety tests, request blood or urine samples, and evaluate behavior to determine impairment. Even without a high BAC, erratic driving or visible intoxication can result in a DWI charge.


Penalties for a DWI Conviction

The consequences of a DWI conviction depend on factors such as BAC level and prior offenses. A first-time offender with a BAC between 0.08% and 0.10% may face fines, license suspension, and required participation in an Intoxicated Driver Resource Center (IDRC) program. Higher BAC levels or repeat offenses lead to increased penalties, including longer license suspensions, ignition interlock device requirements, and potential jail time. New Jersey takes a strict stance on impaired driving, imposing severe consequences even for first-time violations.


Defending Against a DWI Charge

A strong legal defense can make a significant difference for individuals charged with DWI. Possible defenses include challenging the accuracy of breathalyzer tests, questioning the legality of the traffic stop, or demonstrating that medical conditions influenced test results. Working with an attorney who focuses on DWI defense can help individuals pursue reduced penalties or case dismissals based on improper procedures or lack of evidence.


If you or someone you know is facing a DWI charge in New Jersey, taking legal action quickly is essential. The penalties can be severe, but with the right legal approach, it may be possible to achieve a better outcome. CG Song Law Firm in Englewood Cliffs, NJ, provides legal support for individuals dealing with DWI cases, ensuring that their rights are protected throughout the legal process.

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Finding Fair Resolution in Difficult Times During Divorce

April 10, 2025
Divorce can be an emotionally and financially overwhelming process, but finding resolutions that work for both parties is possible. This blog explores four key ways to achieve a fair outcome during divorce proceedings, from mediation to financial planning. Learn how CG Song Law Firm in Englewood Cliffs, NJ, can help you move forward with clarity and confidence.

Real Estate Legal Services: What Our Team Can Do for You

February 13, 2025
Navigating the complexities of real estate law can be daunting for both property owners and tenants. At CG Song Law Firm in New Jersey, we provide comprehensive legal assistance to address your real estate needs. Whether you are managing property, dealing with tenant disputes, or negotiating contracts, our experienced team is here to guide you through every step of the process. For Property Owners Our real estate law team is committed to helping property owners manage their legal responsibilities efficiently and effectively. Here are some of the services we provide: Drafting and Reviewing Rental Agreements: Ensure your rental agreements are clear, enforceable, and compliant with all applicable laws. Resolving Tenant Disputes: Avoid unnecessary litigation by resolving tenant disputes before they escalate to court. Filing Evictions: When necessary, we can help you file for eviction while adhering to legal requirements, ensuring the process is handled properly. Court Representation: If disputes progress to court, our team is prepared to provide strong representation to protect your interests. Negotiating Contracts with Contractors: We assist in negotiating fair and legally sound contracts with contractors to safeguard your property investments. Ensuring Legal Building Standards: Our team will help you navigate local regulations to ensure your building meets all legal requirements. Facilitating Real Estate Transactions: From drafting contracts to closing deals, we streamline real estate transactions for a seamless experience. For Tenants Tenants often face unique challenges that require legal support. Our dedicated team is here to assist tenants in resolving issues with their landlords, including: Dispute Resolution: We work to resolve conflicts with landlords before they escalate to court, fostering a fair and amicable resolution. Eviction Defense: If you are facing eviction, our attorneys will mount a strong defense to protect your rights. Recovering Wrongfully Held Deposits: We help tenants seek the return of security deposits that have been wrongfully withheld by landlords. Court Representation: When disputes cannot be resolved amicably, we are prepared to represent you in court to ensure your voice is heard. Why Choose CG Song Law Firm? At CG Song Law Firm, we pride ourselves on delivering personalized and efficient legal services tailored to your unique needs. Our experienced attorneys understand the intricacies of New Jersey real estate law and are dedicated to achieving the best possible outcomes for our clients. Whether you are a property owner or a tenant, you can trust us to handle your legal matters with diligence and professionalism. Contact Us Today If you need legal assistance with a real estate matter, don’t hesitate to reach out to CG Song Law Firm. Whether you’re managing property, dealing with a landlord-tenant dispute, or navigating a complex real estate transaction, our team is ready to help. Contact us today to schedule a consultation and learn more about how we can assist you.

What Happens If You Die Without A Will?

January 16, 2025
Understanding Intestate Succession No one likes to think about their passing, but planning for the inevitable is one of the most important things you can do for your loved ones. A critical part of this planning involves creating a will. But what happens if you die without one? In legal terms, dying without a will is referred to as "intestate." When this happens, the distribution of your assets and the handling of your estate will be determined by state law, rather than your personal wishes. If you’re in New Jersey or New York and concerned about protecting your family’s future, the attorneys at CG Song Law Firm are here to guide you through the process of estate planning and ensuring your wishes are honored. How Assets Are Distributed Without a Will When someone dies intestate, their assets are distributed according to the rules of intestate succession. These laws prioritize family members based on their relationship to the deceased. While laws vary by state, here’s how the process generally works: Spouse and Children: If you’re married with children, your spouse and children typically share your assets. In many states, the surviving spouse receives a larger portion, while the rest is divided among the children. If you have no children, your spouse may inherit everything. Children Only: If you’re unmarried, your children will inherit your estate equally. If a child has passed away, their share may go to their descendants. Parents and Siblings: If you have no spouse or children, your estate may be divided among your parents and siblings. Extended Family: If no immediate family is found, your estate may pass to more distant relatives such as cousins, aunts, or uncles. The State: If no living relatives can be identified, your estate may be claimed by the state, a process known as escheatment. Challenges of Dying Without a Will Dying without a will can create significant challenges and stress for your loved ones, including: Family Disputes: Intestate succession laws may lead to disagreements among family members over who is entitled to inherit certain assets. Court Involvement: The probate court will appoint an administrator to manage your estate, which can be time-consuming and expensive. Lack of Control: Without a will, you have no say in how your assets are distributed or who will care for minor children. Higher Costs: The probate process often incurs higher legal and administrative fees, reducing the value of your estate. How a Will Can Protect Your Loved Ones Creating a will ensures that your wishes are carried out and can provide peace of mind for you and your family. A will allows you to: Specify how your assets should be distributed. Name a guardian for minor children. Choose an executor to oversee your estate. Minimize potential disputes among family members. Avoid unnecessary delays and expenses in probate court. Why Work With an Attorney? While it is possible to draft a will on your own, working with an experienced attorney ensures that your will complies with state laws and accurately reflects your intentions. At CG Song Law Firm, we provide personalized estate planning services to help you create a comprehensive plan that protects your loved ones and preserves your legacy.

Navigating an Uncontested Divorce: Guidance from Englewood Cliffs Divorce Attorneys

December 19, 2024
When facing a divorce, reaching a mutual agreement can make all the difference. Known as an uncontested divorce , this process occurs when both parties agree on the terms of their separation. Compared to a contested divorce, an uncontested divorce is typically far more straightforward, less stressful, and allows for a more efficient resolution. At CG Song Law Firm in New Jersey, we understand how challenging divorce can be, and we are here to guide you through this process with professionalism, compassion, and a focus on your future. What is an Uncontested Divorce? An uncontested divorce happens when both spouses can agree on key issues without the need for a prolonged court battle. These agreements often include decisions about: Division of property and assets Alimony or spousal support Child custody and visitation schedules Child support By reaching a mutual understanding on these matters, both parties can avoid the delays, emotional strain, and financial burdens that are often associated with contested divorces. Benefits of an Uncontested Divorce An uncontested divorce offers numerous advantages over a contested divorce: Reduced Stress: Avoiding drawn-out legal battles minimizes emotional strain for both parties. Faster Resolution: Since both sides agree on terms, the process moves much more quickly. Lower Costs: Uncontested divorces are often less expensive because they require fewer court appearances and legal fees. Amicable Separation: Collaborative agreements help foster a respectful and cooperative environment, which can be especially beneficial when children are involved. More Control: Both parties retain greater control over the outcome, rather than leaving decisions in the hands of a judge. The Importance of Legal Support Even in an uncontested divorce, it is vital to have experienced legal counsel to ensure everything is handled properly and your interests are protected. At CG Song Law Firm, our skilled divorce attorneys in Englewood Cliffs, New Jersey, can assist you in: Drafting and reviewing divorce agreements Navigating complex legal paperwork Ensuring fair distribution of assets Addressing child custody, support, and alimony concerns Finalizing the process efficiently and effectively Our goal is to make your divorce as smooth and stress-free as possible while providing the guidance you need to move forward with confidence. Why Choose CG Song Law Firm? At CG Song Law Firm, we pride ourselves on offering compassionate, client-centered representation. We believe in helping our clients find common ground and achieve resolutions that reflect their goals and priorities. Our team has extensive experience handling uncontested divorces in New Jersey, and we are committed to ensuring your rights and interests are protected every step of the way. Take the First Step Today If you are ready to take a significant step forward in the divorce process, CG Song Law Firm is here to help. An uncontested divorce can be the key to moving on with your life in a more peaceful and positive way, and our team is ready to provide the support you need to navigate this important journey. Contact us today to schedule a consultation and learn how we can assist you. Let CG Song Law Firm help you make this process as seamless and stress-free as possible.
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