Drinking and boating: what are the legal limits in popular sailing destinations?

Did you know that up to 70% of maritime accidents and up to 60% of boating deaths (including falls into the sea) are caused by alcohol? No wonder, you need quick judgement and clear senses to drive a yacht. Of course, many sailors enjoy cruising with a group of friends and unwinding with a few beers. However, in some countries, it's probably not worth it. So, do you know what the blood alcohol limits are in popular yachting destinations and the penalties for sailing under the influence? Let's take a look.

In ever popular Croatia, according to the Maritime Law (Pomorski zakonik), the captain and crew of a recreational boat, yacht or dinghy may not have more than 0.5 g/kg of alcohol in their blood while performing their duties on board. If the local police or coastguard measure more than this, you can expect the following penalties:

In Italy as well, the alcohol tolerance on a recreational boat is up to 0.5 per mille, although in the event of an accident, even a small amount of alcohol is considered an aggravating factor. Anyway, according to the Italian maritime law Il Codice della Nautica, anyone who drives or steers a boat and has more than 0.5 per mille of alcohol in their blood can be subject to the following penalties

Although the Croatian Code mentions a tolerance of 0.5 per mille for the captain (and all crew members), the skipper is always responsible for what happens on the boat, even if he is not actually steering the boat. For example, even if someone falls overboard because they've had too much to drink.

The penalties for personal injury, negligence or death are similar to those for a car crash. If, for example, a crew member were to die (perhaps falling overboard and drowning), the captain would have to answer for it in court. And any misconduct on their part, including blood alcohol content, would weigh heavily against them in their eventual trial. Most experienced skippers therefore unanimously agree that when they are sailing, they simply don't drink. Commonly, they cite one or two beers a day as the maximum to keep their senses and reactions sharp.

At sea, you never know what might happen. Unfortunately, it is simply a fact that accidents do occur, both on the high seas and in port. Even a minor scrape to your hull or to the boat next to you must be reported to the charter company and the insurance company, and in more serious accidents the police. The police commonly give the captain a blood alcohol test and if positive, it is always considered an aggravating factor in an accident investigation. Even if the accident was not your fault. After all, it's not different to driving on the roads.

If it is proven that alcohol consumption was the cause of the accident, the insurance company may deny coverage (such as, for your security deposit). The maximum damages in such a case may not be limited to the amount of the deposit or the cost of the entire boat. For example, if you hit a luxury mega yacht while drunk, causing a hole in its hull, the amount of damages can be staggering.

Most charter companies we've approached about the issue of drinking on board strongly advise their clients to forget about alcohol whilst sailing or to leave the party until the evening when the boat is safely moored or tied up in port.

Although we also like to have a few drinks, please still keep in mind the need for some of the crew (the captain anyway) to be alert and clear-headed at all times. You never know if you'll have to make an emergency departure or deal with an unexpected situation, such as a broken anchor, wind carrying you onto a rock or a sudden storm.

Quite honestly, there may be checks at sea, but they rarely happen. However, that doesn't mean that you should exploit the fact. In Croatia, for example, it is mandatory to undergo a breathalyser test and, if the authority requires it, a urine sample and blood test. Should you refuse this, samples can be taken by force.

If you've had a heavy night of drinking on the boat or on land until the early hours, it's always better to stay in the bay a day longer and sober up. Plan your itinerary so that you have one day "free" for just such occasions. As we mentioned above, Croatian maritime law does not only mention alcohol and drugs, but also fatigue or anything else that prevents the captain and crew from sailing safely. And as alcohol increases the likelihood of seasickness, your crew will thank you for a day in port.

However, a distinction must be made between boating at sea and on the inland territorial waters of a country. While at sea there is a special law that covers driving a boat (in Croatia this is a maximum of 0.5 per millilitre in the blood), in territorial waters (rivers, lakes, dams, ponds...), it is the same law that applies to road traffic that covers this. In several countries, there is a zero-tolerance policy for alcohol on the road, which then applies to boats or other vessels inland.

In France, it is possible to get behind the wheel with 0.5 per mille of alcohol in your blood, so you can count on the same tolerance on the Loire River or the popular Canal du Midi. The same amount of alcohol is tolerated on roads, canals and rivers in most European Union countries.

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