So was the guy drunk? or not?
The real question is:- Was the operator of the aircraft actually impaired mentally or physically in such a way as to increase the potential for error, above normal, during a flight.
In this case, "Drunk or not" means having to define whether an offence was committed by resorting to Law because the real question cannot be answered. Whether the law is an ass or not is considered irrelevant.
To my knowledge, the person in question did not exhibit characteristics that answer the real question.