BUI Attorney in Cobb County
Why Selecting Smith, Schnatmeier, Dettmering & Kilgo, LLP is Crucial for Your BUI Defense
Facing a Boating Under the Influence (BUI) charge in Cobb County can be overwhelming. You deserve a team known for unparalleled client communication and strategic legal insights. At Smith, Schnatmeier, Dettmering & Kilgo, LLP, our attorneys combine over 100 years of litigation experience with a unique edge brought by former District Attorneys in crafting defensible strategies.
Whether you are local to Marietta or anywhere else in Cobb County, we are committed to defending your rights and working toward favorable outcomes.
Our approach focuses on understanding the intricacies of each case. We know that each BUI case comes with its own set of circumstances, whether it involves a first-time offender or a repeat charge. This is why we conduct comprehensive case evaluations, identifying every possible leverage point while ensuring clients are informed and comfortable with every step of the process.
Let an experienced BUI attorney in Cobb County protect your rights and your record. Call (770) 599-5328 now or contact us online to schedule a free consultation.
Understanding BUI Charges in Cobb County
In Georgia, BUI laws are enforced with the same rigor as DUI laws. A BUI charge can carry serious consequences, such as fines, loss of boating privileges, and even jail time. Cobb County law enforcement is well-trained in spotting and prosecuting these offenses, often setting up checkpoints on popular local waterways like Lake Acworth and Lake Allatoona.
You can be charged with BUI if you operate, navigate, steer, drive, or are in actual physical control of any moving vessel, water skis, aquaplane, surfboard, or similar moving device while:
- Your alcohol concentration is 0.08 grams or more at any time within three hours after operating the vessel.
- Under the influence of alcohol to the extent that it is less safe for you to operate the vessel.
- Under the influence of any drug (including illegal drugs, prescription medications, or over-the-counter drugs) or intentional influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for you to operate the vessel.
- Under the combined influence of any two or more of the above substances to the extent that it is less safe for you to operate the vessel.
Key Differences Between BUI and DUI Investigations:
One significant difference between a BUI and a DUI investigation is the initial stop. While law enforcement officers generally need probable cause or reasonable suspicion to stop a motor vehicle, they often do not need such cause to stop a boat on public waters for a safety check. Officers can perform random boat safety checks at any time.
Penalties for BUI Convictions in Georgia
The penalties for a BUI conviction in Georgia are severe and, like DUI, escalate significantly with each subsequent offense within a 10-year "look-back" period (measured from arrest date to arrest date). This means prior BUI (and sometimes DUI) convictions can drastically increase the consequences of your current charge.
The penalties for a first offense BUI (a misdemeanor) include:
- Jail Time: Minimum of 24 hours up to 12 months. (Some jurisdictions may waive minimum jail time if certain conditions are met, though this is less common for BUI).
- Fines: $300 to $1,000, plus statutory surcharges and court costs, often totaling over $1,500.
- Boating Privilege Suspension: Mandatory 12-month suspension of your privilege to operate a vessel.
- Community Service: Mandatory minimum of 40 hours.
- Probation: A minimum of 12 months, minus any jail time served. Probation conditions will be strict and may include random drug/alcohol testing and regular reporting.
- DUI Alcohol or Drug Use Risk Reduction Program (DUI School): Mandatory completion. This is a 20-hour course.
- Clinical Evaluation: A substance abuse evaluation may be required, with recommended treatment.
The judicial process can be intimidating, especially for those unfamiliar with the Cobb County court system. Our legal team diligently prepares every case, anticipating potential prosecutorial approaches and readying counterarguments. By positioning your defense clearly and effectively, we aim to achieve dismissals or reductions in charges whenever possible. Knowledge of local judicial tendencies helps shape our approach, ensuring each defense is tailored to yield the best outcome.
The Right Choice for Your Defense
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Client Experiences
Hear from those we've represented in their legal battles.
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Thank you, Ben Smith, for your time, knowledge, and your thoroughness and wisdom
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Ben, I was very impressed with how you handled everything.
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Mr. Schnatmeier made the experience as painless as possible. He was very responsive and I was pleasantly surprised by how available he was.
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The Role of Smith, Schnatmeier, Dettmering & Kilgo, LLP in Your BUI Defense
Facing a BUI charge in Georgia can be overwhelming, but you do not have to face it alone. The legal complexities and the severity of potential penalties demand immediate and decisive action from a highly qualified Cobb County BUI lawyer.
- Immediate Action & ALS Hearing: We act swiftly to address the crucial 10-day deadline for your ALS hearing, aiming to prevent or delay the administrative suspension of your boating privileges.
- Thorough Investigation: We leave no stone unturned, meticulously examining police reports, officer testimony, chemical test results, and any available video evidence.
- Challenging the Evidence: We understand the unique challenges of BUI cases, including the scientific and legal complexities of testing and the subjective nature of impairment observations on the water. We will challenge the accuracy of chemical tests, the validity of officer observations, and the legality of how evidence was obtained. We are your dedicated BUI defense attorney in Cobb County.
- Protecting Your Rights: We ensure your constitutional rights are upheld at every stage of the process, from the initial stop to potential trial.
- Strategic Defense Development: We develop a customized defense strategy based on the unique facts of your case, aiming for the best possible outcome, whether it's a dismissal, reduction of charges, or acquittal.
- Negotiation and Advocacy: We aggressively negotiate with prosecutors, leveraging our knowledge of Georgia BUI laws and our reputation in the legal community to secure favorable plea agreements or alternative sentencing options.
- Courtroom Representation: Should your case proceed to trial, we are seasoned litigators prepared to passionately defend you in court, cross-examining witnesses and presenting a compelling case to the judge or jury.
- Guidance Through DDS/DNR Procedures: We assist you in navigating the complex administrative procedures with the Georgia Department of Driver Services (DDS) and Department of Natural Resources (DNR), helping to reinstate your boating privileges as quickly as legally possible.
- Minimizing Long-Term Impact: Our goal is not just to resolve the immediate criminal charges but also to mitigate the long-term consequences on your record, insurance rates, and ability to enjoy Georgia's waterways. We are the Cobb County BUI lawyer who understands these consequences.
Contact Us for Reliable BUI Defense
We understand the uncertainty and anxiety a BUI charge brings. At Smith, Schnatmeier, Dettmering & Kilgo, LLP, we provide unwavering support and skilled defense to protect your future. With a deep commitment to client communication, our attorneys ensure you understand every step of your defense.
The sooner you engage legal representation, the more effectively we can deploy time-sensitive defense strategies. Our firm offers consultations to aid you in understanding both your circumstances and options before committing to any decisions, paving the way toward informed, confident progress in your legal journey.
Call us today at (770) 599-5328 or fill out this online form for a consultation and learn how we can assist you in navigating your case in Cobb County courts. Trust our experienced team to provide the detailed attention and vigorous advocacy you deserve.
