I actually meant both. While charges of "endangering air safety" might not stick in a court of law, just being over the limit while on duty/in full company uniform could be reason for disciplinary action and possible dismissal.
Who has said he was over the limit?
Or, possibly, the reason for suspension from active duty was because of the police investigation. If thats now closed then the person in question might be able to get back to work.
Just because they are suspended from active duty doesn't mean they have done anything wrong. QED.
(Just playing devils advocate and putting a counter balance to your argument.)