Virtually There, there wasn't any "loophole" in 256. People that think that way clearly do not understand what is written in black and white on the page in front of them.
(1) A person shall not, while in a state of intoxication, enter any aircraft.
If they still had alcohol in their bloodstream after a big night and stopping 8 hours before duty, they'd still be in breech of the above.
2) A person acting as a member of the operating crew of an aircraft, or carried in the aircraft to act as a member of the operating crew, shall not, while so acting or carried, be in a state in which, by reason of his or her having consumed, used, or absorbed any alcoholic liquor, drug, pharmaceutical or medicinal preparation or other substance, his or her capacity so to act is impaired.
Would also apply, as their capacity to act would be impaired. Would you like to try and prove to a court that with a hangover, although you stopped drinking 8hrs earlier, your capacity to act is not impaired? If so, your a braver man/woman than me!