Loose Rivets. The time rule isn't really relevant if you still have alcohol in your blood when you pitch up for work.
It doesn't matter a jot if he was drunk or not he had alcohol in his blood stream. End of story. This kind of case is fairly high profile at the moment as several similar cases have recently made it into the media so it is a very silly person who drinks before a duty.
I can state, with certainty, that I have been to work with a blood alcohol level above the legal limit but NOT because I'd been drinking within the time limit and that I'd been drinking to excess. If I'd been nicked I wouldn't have been happy about it, without a doubt, but I wouldn't have a leg to stand on.
Alcoholism is a problem and, as far as I know, you can't help drinking - you don't have a choice. BUT, turning up for work IS a choice and one which should be made responsibly, maturely and sensibly. I don't know if this guy is an alcoholic or not. If he isn't then what's his excuse? If he is then he shoudn't have been at work.
I have, in the past, mis-read my roster and had far too much to drink before flying and I called in sick. It is that simple. The only way you can safely say you are under the limit is to not drink for at least 24 hours before flying.
As far as the sentence is concerned. Dunno I'm not a judge. But how many times do we need to hear of a pilot getting nicked at work for excess alcohol before we start to pay attention?
He should have gone with the mouth wash defence.