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Law on sailing under the influence of alcohol

Sailing under the influence of alcohol is an offence under the Swedish Maritime Code (Sjölagen). In Sweden, the same blood alcohol limit applies at sea as on land: 0.2 per mille alcohol in the blood. The limit does not apply to all vessels. It applies only to vessels that can be driven by engine at a speed of at least 15 knots or that have a hull length of at least 10 metres.

The Coast Guard has the right to stop a vessel and check sobriety on board, even if the vessel does not meet the criteria above, if we have reasonable suspicion that the person in charge is under the influence of alcohol or another substance and cannot operate the boat safely. A person in charge who is under the influence of alcohol can be convicted of sailing under the influence of alcohol if he or she cannot operate the boat in a way that is safe for safety at sea.

It is not only the person in charge who can be convicted of sailing under the influence of alcohol. People on board who have a task of essential importance for safety at sea can also commit the offence.

How a sobriety check at sea is carried out

The Coast Guard and the Swedish Police Authority carry out both targeted and random sobriety checks on maritime traffic. The procedure is the same whichever authority carries out the check.

Anyone who comes into contact with the Coast Guard at sea may have to take a sobriety check. This does not necessarily mean that the person is suspected of a crime or has done anything wrong.

First, the person may be asked to blow into a screening instrument. The instrument gives a positive reading if the alcohol level in the exhaled air is above the permitted limit of 0.10 milligrams of alcohol per litre of exhaled air. This corresponds to about 0.2 per mille in the blood. If the person tests positive on the screening instrument, the next step is to give a breath sample in an evidential instrument. This instrument is on board one of the Coast Guard's vessels or vehicles, or at one of its stations.

For the breath test, the person blows into the evidential instrument twice, with a few minutes between the two samples. The instrument calculates an average of the alcohol level in the exhaled air from the two evidential samples. The alcohol level in the body can also be measured with a urine or blood test. If the value is over the permitted limit, a criminal investigation begins. It is then handed over to a prosecutor, who decides on any criminal penalty. If the vessel has a hull shorter than 10 metres, it may be necessary to test-run the vessel to make sure that it can be driven at more than 15 knots.

The penalty for sailing under the influence of alcohol is a fine or imprisonment for up to six months. The limit for gross sailing under the influence of alcohol is 1.0 per mille in the blood. The penalty for gross sailing under the influence of alcohol is imprisonment for up to two years.