Virginia law with respect to motor vehicles has an interesting little characteristic called implied consent to breath or blood testing. By getting in the automobile you have consented to be at least breath tested for intoxicants, blood tested if authorities desire. If you don't consent it is accepted in court as proof that you were intoxicated.
Not sure whether this goes to the flying under the influence law, which I suspect any good lawyer could get thrown out on the federal preemption. Then the pilot would have to deal with the federal system...oh dear, not in the eastern district of Virginia. Plead your plea do 1 year suspended sentence, time served (3 days), 1 year unsupervised probation on another continent . This is somewhat lighter than but similar to initial driving under the influence convictions I have seen in a neighboring county in Virginia so all things considered I believe the fellow got off light and pleading to a charge didn't hurt.