The fact of the matter is they didn't get in the cockpit and crash the plane and kill people. It is no different than somebody taking the keys away from somebody who thinks they can drive home after a night at the bar or party. They did make the mistake of thinking they could drive but somebody intervened. A person isn't guilty of the crime until they commit it, and conspiring to drive drunk and not is not a crime. I don't know what the regs say about flying. I myself don't drink on the overnights and reserve that for my home life. For all we know they stopped 12 hours before but were just to drunk to sober up.