Sen. Mike Bohacek, R-Michiana Shores, talks to Sen Greg Walker, R-Columbus, on the Senate floor on Jan. 23, 2025. Photo by Whitney Downard, Indiana Capital Chronicle.

By Casey Smith
Indiana Capital Chronicle

INDIANAPOLIS — Charges are pending against Republican Indiana Sen. Mike Bohacek for a January drunk driving incident that remained under wraps for months — shielded by legislative immunity during the 2025 session.

Bohacek, of Michiana Shores, was stopped by police on Jan. 24 after a citizen reported him “drinking an open container and stumble out of his vehicle” at a Panda Express in Michigan City, according to charging documents obtained by the Indiana Capital Chronicle. He was later pulled over near Swan Lake Cemetery on U.S. 20, where he refused a breathalyzer test.

Police then took him to a hospital, where a blood test showed a blood alcohol content of 0.28% — more than three times Indiana’s legal limit of 0.08%.

But Bohacek wasn’t arrested at the time. Under Indiana law, members of the General Assembly are shielded from arrest in most cases during the legislative session — a protection known as legislative immunity.

That meant Bohacek’s case was kept sealed and the senator remained uncharged for months.

Porter County Prosecutor Gary Germann, appointed as special prosecutor in the case, said the charges were filed shortly after his office was appointed in May but they weren’t made public until Monday, June 2.

Two other judges recused themselves and the current Special Judge is LaPorte Circuit Judge Julianne K. Havens.

Bohacek did not respond to the Capital Chronicle’s requests for comment. A Senate communications staffer also declined to comment, saying the incident “falls into the ‘personal matter’ category.”

Details Emerge

Anonymous rumors about the incident circulated online after the January incident, but details were not publicly disclosed until Monday.

Charging documents provided by Germann show that Bohacek was stopped by a Michigan City police officer just before 3:30 p.m. on Jan. 24, a Friday. The senator was allegedly speeding while driving a 2023 Dodge Charger bearing his Indiana legislative license plate.

The officer at the scene claimed Bohacek’s speech was quiet and slow; that his eyes were “red, watery (and) bloodshot,” and that he had poor balance and staggered from his vehicle. Charging records additionally note that he was “covered in food.”

Bohacek “admitted to consuming his prescription medication Tramadol as prescribed prior to driving.” Tramadol is a prescription opioid pain medication used to treat moderate to moderately severe pain, often after surgery or for chronic conditions, according to the Mayo Clinic.

After refusing a breathalyzer, the senator’s blood was drawn at around 4:30 p.m. the same day at Northwest Health Hospital in LaPorte. Results of that test later indicated a blood alcohol content of 0.283%, and no drugs present, according to the charging paperwork.

Bohacek was back taking votes in the Indiana Senate chamber the following Monday.

Online court records show Bohacek had several prior traffic citations, including ignoring a stop sign; speeding; and driving the wrong direction on a one-way.

Bohacek was first elected to the Indiana Senate in November 2016. He represents District 8, which includes Starke County, as well as portions of LaPorte, Marshall, and St. Joseph counties. He most recently served on the Corrections and Criminal Law, Health and Provider Services, and Local Government committees.

Before joining the General Assembly, Bohacek served as a two-term LaPorte County Commissioner and was a member of the Michiana Shores Town Council.

He additionally works as an enterprise consultant with Echo Global Logistics and owns MSL Services Inc., a company based in Michiana Shores, according to his legislative biography.

What Is Legislative Immunity?

A specific section in the Indiana Constitution states that lawmakers are immune from arrest during session in all cases except treason, felony, or breach of the peace during the legislative session, as well as while traveling to and from the Indiana Statehouse.

The most recent session started on Wednesday, Jan. 8 and adjourned on Friday, April 25.

Bohacek’s charges add to a series of other alcohol-related incidents involving separate Indiana lawmakers.

In May 2023, Republican Rep. Jim Lucas was arrested after crashing his vehicle into a guardrail and driving the wrong way on an interstate entrance ramp. Lucas, of Seymour, pleaded guilty to operating a vehicle while intoxicated and leaving the scene of an accident, both misdemeanors. He received a suspended sentence, was placed on probation, and was removed from interim legislative committee assignments.

Lucas was reelected for a seventh term last November.

Before that, Democratic Rep. Dan Forestal was arrested in 2019 for operating a vehicle while intoxicated, resisting law enforcement, and impersonating a public servant. Forestal, of Indianapolis, died in 2021 after his legislative tenure had ended.

In 2009, former Democratic Rep. Dennie Oxley was arrested for misrepresenting himself as a state legislator to avoid arrest for public intoxication and was later convicted. Oxley claimed legislative immunity at the time of the incident, even though he was no longer an elected representative.

And in 2002, Republican Sen. Johnny Nugent was arrested for DUI with a blood alcohol content of 0.13%. Voters repeatedly re-elected Nugent until he retired from the Indiana Senate in 2014.