FAQ: alcohol at sea 

Is there a blood alcohol concentration (BAC) limit at sea?

What are the rules regarding pleasure craft and alcohol?

What applies with regards to canoes, kayaks, rowboats and the like?

Who do the rules apply to?

What applies to foreign vessels?

What applies when a vessel is in port or at anchor at a protected anchorage?

What is a protected anchorage?

What happens if the rules are violated?

What does suspension of navigation rights mean?

What are the rules regarding pleasure craft and alcohol? 

The BAC limit of 0.50 per mille applies to vessels for which there is a training requirement for the master or mate if any, as well as for jet skis and similar vessels. The BAC limit therefore applies to:

- pleasure craft with a length of 15 metres (approx. 50 feet) or above,

- high speed craft capable of planing, and

- jet skis and the like.

In addition, navigation is in general prohibited for persons, who are under the influence of alcohol or other intoxicating substances to such a degree that he or she is incapable of navigating the vessel in a safe and secure manner.

What applies with regards to canoes, kayaks, rowboats and the like?

With regards to canoes, kayaks, rowboats and similar vessels driven by muscular strength, navigation is in general prohibited for persons, who are under the influence of alcohol or other intoxicating substances to such a degree that he or she is incapable of navigating the vessel in a safe and secure manner.
 
The punishment for navigating such a vessel under the influence of alcohol is typically a fine of DKK 500.

Who do the rules apply to?

The provisions on alcohol at sea apply to anyone who navigates a ship or carries out safety-related tasks on board.
 
For pleasure craft, this means that the master and/or the helmsman and navigator are subject to the provisions. However, others, such as for instance, a lookout may also be subject to the provisions if he or she performs safety-related tasks. 
 
For commercial navigation, this means that the entire operating crew (master, navigators, engineers and ship’s assistants) are normally subject to the provisions.
 
For passenger ships, inspectors, pursers and waiters, who are appointed to carry out safety-related tasks on board are subject to the provisions as well.
 
The provisions on alcohol at sea also apply to persons, who are not on duty, but who are required to handle safety-related tasks at any time if it becomes necessary.

What applies to foreign vessels?

The alcohol provisions also apply to foreign vessels in Danish waters.
 
In Danish inland waters (e.g. ports and fiords), the Danish authorities can enforce the provisions against foreign vessels.
 
In coastal waters, international law stipulates that random control procedures may not be performed on foreign vessels navigating safely through Danish waters. This means that the Danish authorities can not interrupt the passage of a foreign vessel through the Great Belt or the Sound (Øresund) in order to carry out an alcohol test provided that the vessel “behaves” normally. However, the vessel may be halted if the navigation causes specific danger – for instance if the course of the vessel is unsteady, if the vessel runs aground or the like.

What applies when a vessel is in port or at anchor at a protected anchorage?

For pleasure craft, the standard BAC limit does not apply when the craft is moored in port or at anchor at a protected anchorage.
 
However, attention should be given to the fact that the general alcohol provision also applies when the craft is at anchor at a protected anchorage.
 
This means that a person may only consume alcohol to such a degree that they are still able to carry out safety-related tasks in a satisfactory manner. For instance, a person should be capable of securing the moorings or the anchor just as directing lights may be required.
 
For commercial vessels the provisions on alcohol applies in full, also when the vessel is in port or at anchor at a protected anchorage.
 
However, the persons who do not have safety-related tasks while the vessel is in port are not subject to the alcohol provisions while the vessel is in port.

What is a protected anchorage?

A protected anchorage is typically an anchorage which is located in close proximity to the coast and in waters where there is little or no traffic – especially from merchant vessels.
 
When assessing if an anchorage is protected or not, matters such as wind and weather conditions in the area, current, waves, ground conditions and depth are also considered.
 
Anchorage in lakes during good weather conditions is normally always considered anchorage at a protected anchorage.

What happens if the rules are violated?

The police will control the compliance with the provisions and may carry out random inspection procedures.
 
Violation of the provisions will entail severe punishment (substantial fines and imprisonment) as well as suspension of navigation rights.
 
For instance, persons navigating a vessel while having a blood alcohol concentration of 1.00 per mille, will be fined one month’s net salary. This means that if the person’s monthly net salary is DKK 20,000, the fine will be DKK 20,000. In addition, the person’s navigation rights will be suspended. 
 
If the blood alcohol concentration is more than 2.00 per mille, the punishment will be 20 days imprisonment and suspension of the navigation rights.
 
The punishment will be significantly severe in case of subsequent offence or if there are aggravating circumstances.

What does suspension of navigation rights mean?

If a person is found guilty of navigating under the influence of alcohol, the right to navigate a vessel or to serve as mate or marine engineer will be suspended.
 
The suspension means that it is prohibited to navigate all vessels driven by sail or engine. It is however still allowed to navigate vessels that are driven by muscular strength, such as for instance canoes, kayaks and the like.
 
Rights may be suspended even though a person does not hold a maritime trading certificate, a certificate of competence or a high speed craft certificate.
 
Rights may be suspended even though the vessel navigated does not require training certificates. This means for instance that a mate, who is found guilty of navigating a pleasure craft under the influence of alcohol, may lose the right to serve as mate.