(Michigan City, IN) - A local state lawmaker is accused by police of driving a motor vehicle while impaired from consuming a large amount of alcohol earlier this year.
The blood alcohol level of State Senator Mike Bohacek of Michiana Shores is alleged to have been over three times the legal limit following a January 24 traffic stop, according to recently unsealed police reports filed May 15 in La Porte Superior Court 4.
Formal charges against the 56 year old Bohacek have not been filed yet because no judge in La Porte County has agreed to review the findings and decide whether probable cause exists to issue a warrant for his arrest.
La Porte Superior Court 4 Magistrate John Link, La Porte Superior Court 2 Judge Richard Stalbrink, Jr. and La Porte Circuit Court Judge Julianne Havens have recused themselves from the case.
La Porte County Prosecutor Sean Fagan said whoever agrees to review the case will most likely be a judge from outside Bohacek’s district to avoid any appearance of impropriety.
For same that reason, Fagan said he went to Porter County Prosecutor Gary Germann with the case to let his office decide whether the evidence was strong enough to present to a judge for a final determination.
“In order so that the public sees that there is no impropriety or appearance of impropriety,” he said.
Bohacek serves District 8, which includes parts of St. Joseph County, most of La Porte County and Marshall County and all of Starke County.
According to court documents, police were called about a man later identified as Bohacek exhibiting signs of intoxication just before and while ordering food at Panda Express in the 5200 block of Franklin St. in Michigan City.
Responding officers were soon notified Bohacek left the restaurant in a 2023 Dodge Charger with an Indiana State Senator license plate attached to it. An officer quickly spotted the vehicle turn right onto U.S. 20.
After the officer paced his car at 62 miles per hour in a 45 mph zone, Bohacek was pulled over, coming to a stop partially off the four lane stretch of highway, police said.
Bohacek denied consuming alcoholic beverages, explaining in a slurred speech he was coming back from Indianapolis and lacking sufficient sleep, according to court documents. He was transported to a hospital where a sample of blood taken from his arm.
Test results from the Indiana State Department of Toxicology in Indianapolis later showed the sample allegedly contained a .283 percent blood alcohol content.
Police said Bohacek was not taken into custody because under the Indiana constitution senators and representatives except for treason, a felony or breach of peace are privileged from arrest during a session of the General Assembly.
At the time, the Indiana Legislature was in the first month of a four month session this year. Bohacek was informed a warrant for his arrest would be sought once the legislation session was over. He was then give a ride home by an officer, police said.
If a judge finds probable cause, Bohacek would be charged with Class A misdemeanor operating while intoxicated.
Fagan said the case was filed for a judge’s review in mid-May because charges under the state constitution cannot be sought against a senator or representative until the legislative session is over for at least 15 days.
Bohacek, who’s been a state senator since November of 2016, is quoted by the Indianapolis Star as saying “I’m not going to comment on ongoing legal actions.”
