Indiana State Sen. Bohacek allowed to continue driving while OWI case moves through courts
PORTAGE — Porter County Superior Court 6 Judge Jeffrey Thode granted Indiana District 8 State Sen. Mike Bohacek, R-Michiana Shores, his request to be allowed to continue driving until a decision is reached in his operating while intoxicated case.
Thode ordered Bohacek on May 18 to use an ignition interlock device to be installed on his vehicle.
That will require Bohacek to blow into a tube for his car to start, but the ignition will not turn if the device detects alcohol on his breath.
He's charged in a summons with OWI as a Class A misdemeanor after police stopped him Jan. 24 in Michigan City.
Bohacek's alleged blood alcohol level was more than three times the .08 percent limit, but he 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.
The 2025 legislative session began in early January and ended in late April.
Bohacek, a republican from Michiana Shores, represents all of Starke County, most of LaPorte and Marshall counties, and the western edge of St. Joseph County.
Thode could have ordered an immediate suspension of Bohacek's license, but he sided with written arguments from defense attorney David Payne that such action would have created 'substantial hardship' on Bohacek and his family.
The judge's decision came after he granted a motion from Bohacek to waive his right for an initial hearing in the case.
In most cases, defendants appear for their initial hearings and are read their rights and given a verbal explanation of the allegations behind the charges.
Defendants are given an opportunity to ask questions before a preliminary plea of not guilty is entered on their behalf by the court.
In Bohacek's case, the judge granted Payne's written motion for a preliminary not guilty plea.
Thode agreed to preside over the case after all of the judges in LaPorte County recused themselves to avoid any appearance of political impropriety.
The Porter County Prosecutor's office is trying the case at the request of LaPorte County Prosecutor Sean Fagan for the same reason.
Police were called Jan. 24 to the Panda Express restaurant in the 5200 block of Franklin Street in Michigan City after witnesses described a man stumbling out of his vehicle and appearing intoxicated while ordering food.
Officers arrived at the restaurant and were told the man left the restaurant in a 2023 Dodge Charger with an Indiana State Senator license plate attached to it, according to prosecutors, who reported an officer soon saw the vehicle turn right onto U.S. 20.
Police stopped him on an accusation of traveling 62 in a 45 miles-per-hour zone, police said.
Police described Bohacek as having red, watery and bloodshot eyes, and when asked if he had been drinking alcohol, Bohacek denied it, telling the officer in slurred speech he was coming back from Indianapolis and was short on sleep, according to an affidavit filed with the court.
At one point, Bohacek, while still seated in his vehicle, began eating food and consuming a drink but stopped at the direction of the officer, police said.
Police said Bohacek later spilled some of his food and beverage over his shirt and pants before refusing a certified roadside blood alcohol test.
He was taken to a hospital, where a sample of blood was taken from his arm, police said.
The officer gave Bohack a ride home and informed him that a warrant for his arrest would be sought once the legislative session was over, according to a probable cause affidavit,
The sample later tested by the Indiana State Department of Toxicology in Indianapolis contained a .283 percent blood alcohol content.
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