Linmar wrote
In order to apply the above laws one obviously has to have broken them. Being over the limit as departing crew wouldn't be considered as breaking the law, since there is no law against intending to fly over the limit. In case you were to show up over the limit at your aircraft the only thing the police can do is to wait and make sure that you don't depart while having more than 0,2 promille in your blood.
Really? I think in most other countries you are considered to be 'flying' from when you report for work and start planning the flight. Long before you take your seat on the flight deck.