Good news, so the "water bottle Nazis " got it wrong then.
Not really. Not being charged and actually being innocent are two separate issues. Maybe he is not being charged because he was stopped before he started actively performing his duties, which means he could claim in his defense plea that he might still have decided to report "unfit for duty" before actually endangering anyone/anything. The prosecution cannot prove otherwise as he was caught too soon. There was a case recently where there was no conviction exactly for this reason, although the pilot was really well above limit and had already boarded his plane.
This will not prevent an internal disciplinary action though.