(Porter County, IN) - A local state lawmaker is being allowed to keep driving at least until a decision is reached on the Class A misdemeanor operating while intoxicated charge filed against him.

 

State Senator Mike Bohacek of Michiana Shores will be required to blow into the tube of an ignition interlock device ordered to be installed on his vehicle.

 

The ignition will turn if alcohol is not detected on his breath by the device.

 

His request to keep driving, for now, was granted Wednesday by Porter County Superior Court 6 Judge Jeffrey Thode.

 

Thode agreed to preside over the case after all of the judges in La Porte County recused themselves to avoid any appearance of political impropriety.

 

The Porter County Prosecutor’s Office is trying the case at the request of La Porte County Prosecutor Sean Fagan for the same reason.

 

On January 24, Bohacek, after a traffic stop was, found with an alleged .283 percent blood alcohol content.

 

The judge could have ordered an immediate suspension of his license until the case was decided.  But, Thode sided with written arguments from defense attorney David Payne that such action would have created “substantial hardship” on Bohacek and his family.

 

Bohacek represents southern St. Joseph County, most of La Porte and Marshall counties and all of Starke County.

 

Bohacek wasn’t arrested right away because the Indiana constitution prohibits state lawmakers from being taken into custody while the Indiana General Assembly is in session except for treason, a felony or breach of peace.

 

This year’s legislative session that began in early January ended in late April.

 

According to court documents, police were called about a man later identified as Bohacek stumbling out of his 2023 Dodge Charger outside Panda Express in Michigan City.  Police were also told the same man appeared intoxicated while ordering food inside the restaurant.

 

Responding officers, after notified Bohacek had just left, soon located the vehicle with an Indiana State Senator license plate on it turning onto U.S. 20.  Officers stopped him for traveling 62 in a 45 mile per hour zone.

 

With red, watery and blood shot eyes, Bohacek denied consuming alcoholic beverages, telling the officer in a slurred speech he was coming back from Indianapolis and was short on sleep, according to court documents.