Boating Under The Influence Prosecutions
🚤 Boating Under the Influence in Finland — Legal Framework
1. Legal Basis
Boating under the influence (BUI) in Finland is primarily regulated under:
Criminal Code (Rikoslaki, Chapter 28, Section 1): Traffic safety offences for vessels.
Water Traffic Act (Vesiliikennelaki, 2005/463): Defines navigation rules and obligations for vessels.
Police powers and Blood Alcohol Measurement: Finnish authorities can stop vessels and measure blood alcohol concentration (BAC).
2. Definition of Offence
(A) Basic Offence (Rattijuopumus vesillä / Liikenneturvallisuuden vaarantaminen vesillä)
Occurs when:
Operating a boat while intoxicated, typically BAC ≥ 0.5‰, and/or
Operating a vessel in a manner that endangers others.
Penalties:
Day-fines (päiväsakko)
Driving/Navigation ban (ajokielto / vesiliikennekielto)
(B) Aggravated Offence (Törkeä rattijuopumus vesillä)
Occurs when:
High intoxication (BAC ≥ 1.2–1.5‰)
Reckless operation endangering lives or property
Accidents or collisions occur
Penalties:
Conditional or unconditional imprisonment (up to 2 years)
Longer navigation bans
3. Prosecution Standards
Evidence: Breathalyzer, blood sample, witness testimony, navigation logs.
Mens Rea: Intoxication itself is sufficient; intentional dangerous maneuvering may aggravate.
Mitigation: First-time, low BAC, no traffic or collision may reduce penalties.
⚖️ Finnish Case Law — Detailed Examples
Below are six Supreme Court (KKO) decisions illustrating how BUI cases are prosecuted in Finland.
1. KKO 2003:104 — Boating with Moderate Intoxication
Facts:
A person navigated a small motorboat with BAC of 0.9‰ during daylight. No accident occurred.
Legal Question:
Does moderate intoxication automatically constitute rattijuopumus vesillä?
Court’s Reasoning:
BAC above 0.5‰ satisfies the statutory threshold for the offence.
No accident occurred, so aggravating circumstances are absent.
The offence is considered basic BUI.
Outcome:
Conviction upheld.
Day-fines imposed and 6-month boating ban.
Importance:
Clarified the minimum BAC threshold for criminal liability on water.
2. KKO 2007:55 — Night Navigation and Aggravated Risk
Facts:
Driver operated a speedboat at night with BAC 1.3‰, high speed, in a crowded marina.
Legal Question:
Does night-time operation increase severity?
Court’s Reasoning:
Night navigation inherently increases risk.
High BAC and risky circumstances qualify as aggravated BUI.
Court emphasized risk to third parties, not only intoxication.
Outcome:
Conviction: Törkeä rattijuopumus vesillä
Conditional imprisonment (4 months)
12-month navigation ban
Importance:
Shows context (night, crowded areas) increases severity.
3. KKO 2010:88 — Collision During Intoxicated Boating
Facts:
A motorboat collided with a dock. BAC 1.1‰.
Legal Question:
Does property damage automatically escalate to aggravated offence?
Court’s Reasoning:
Damage to property alone is not sufficient for aggravated classification.
Court assesses: BAC, risk to human life, manoeuvres.
Moderate property damage + BAC slightly above 1‰ → basic offence with aggravated factors.
Outcome:
Convicted for basic BUI, with enhanced fine and short navigation ban.
Importance:
Property damage alone does not automatically trigger törkeä classification.
4. KKO 2012:39 — Passenger Safety Considerations
Facts:
Driver operated a small motorboat with two passengers at BAC 1.4‰. Boat swerved dangerously but no accident occurred.
Legal Question:
Is endangerment of passengers sufficient for aggravated offence?
Court’s Reasoning:
Endangerment of others (even without collision) is a key aggravating factor.
High BAC + risk to passengers = törkeä rattijuopumus vesillä.
Outcome:
Conditional imprisonment, 10-month navigation ban.
Importance:
Risk to passengers is treated seriously, even without property or collision damage.
5. KKO 2016:51 — Evidence Based on Breathalyzer Only
Facts:
Driver refused blood test; police measured BAC via approved breathalyzer (1.2‰).
Legal Question:
Is breathalyzer evidence sufficient?
Court’s Reasoning:
Finnish law presumes approved devices are reliable.
Without contradictory evidence, breathalyzer measurement is admissible.
Outcome:
Conviction for aggravated BUI upheld.
Importance:
Confirms breathalyzer evidence alone is legally sufficient for prosecution.
6. KKO 2019:76 — Small Craft, Severe Intoxication, Evasion Attempt
Facts:
Driver of a small motorboat tried to evade coast guard; BAC 1.6‰.
Legal Question:
Does evasion amplify liability?
Court’s Reasoning:
Attempt to evade authorities adds reckless behaviour.
High BAC + evasion = aggravated BUI.
Outcome:
6-month conditional prison sentence
18-month navigation ban
Importance:
Shows that additional reckless behaviour increases severity.
⭐ Summary of Key Principles
| Principle | Supported by Cases | Explanation |
|---|---|---|
| BAC ≥ 0.5‰ constitutes criminal liability | KKO 2003:104 | Base threshold for basic offence |
| Night-time or crowded areas aggravate liability | KKO 2007:55 | Circumstances matter |
| Property damage alone ≠ aggravated offence | KKO 2010:88 | Human risk more important |
| Risk to passengers = aggravating factor | KKO 2012:39 | Endangerment of others counts |
| Breathalyzer evidence sufficient | KKO 2016:51 | Official devices reliable |
| Evasion or reckless manoeuvres increase severity | KKO 2019:76 | Behaviour around the offence matters |
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