State v. McGlone

Whether McGlone was intoxicated before or after he entered his car is neither a necessary nor proper distinction when considering a violation of the drunken driving statutes. The focus of the inquiry is upon an individual’s level of intoxication while operating the vehicle, not when or how such individual came to be in an intoxicated condition. Thus, in this case we are concerned with whether McGlone operated a motor vehicle while intoxicated in violation of R.C. 4511.19(A)(1) and (3).

This court has held previously that driving and operating a motor vehicle are not synonymous. We observed in…