I'm pretty sure you are incorrect that there is "no level of
drunkennes
[that] will allow a pilot to be charged with a Federal crime". The
news
coverage of the two pilots who were just acquitted made it clear
that there
IS a law, but that they simply didn't meet the standard. They
weren't drunk
enough.

Had they had a higher BAC, they would have been guilty of, and
probably
convicted of, breaking the federal law.

Pete

Federal criminal law is 18 USC 343, but it applies only to "operation
of a common carrier." I.e., including airline pilot. There the BAC
presumption is .10, and max sentence is 15 years. There's no federal
criminal law, however, for drunken Part 91 ops. However, the
majority of states which have a criminal statute apply it to all
aircraft operations while intoxicated, with a BAC presumption mostly
..04, same as federal civil (the "FARs"). Also, in those states, it is
a only misdemenanor.

Fred F.