Sen. Mike Bohacek's Lawyer Asks Judge to Allow Him to Drive on Official Duties with Alcohol Monitor

Indiana State Senator Mike Bohacek, through his attorney, has made a reasonable request asking a Porter County court this week to allow the senator to continue driving with the aid of an alcohol-monitoring device so he can perform his legislative duties. At the time of the incident in question, he was not involved in an accident and had no children in his vehicle at the time according to the police report. There was time when tobacco chewing senators nipped from their flasks on the senate floor and road their horses drunk. So, thankfully today driving impaired is known to be dangerous, avoided and is against the law of the land everywhere. Too many innocent people have died at the hands of serious and continuous drunk and high drivers. Everyone needs to be reminded of this fact from time to time.

In a June 5 motion filed in LaPorte Superior Court, Bohacek’s attorney, David Payne, requested the installation of an ignition interlock device (IID), which prevents a vehicle from starting if alcohol is detected on the driver’s breath. Payne argued that suspending the senator’s license would impose “a substantial hardship” on him and his family.

The senator's traffic case remains in limbo, largely due to judicial recusals. Nearly every judge in LaPorte County has worked with Bohacek at some point — both when he served as a Democrat and later as a Republican on the LaPorte County Commission, before being elected twice to the State Senate.Three special judges have declined to take the traffic case, and all of LaPorte County’s sitting judges and magistrates recused themselves, citing conflicts of interest. The case was reassigned to Judge Jeffrey Thode in neighboring Porter County, though he has not yet formally accepted the case. A special prosecutor from Porter County is overseeing the matter.

The charges originate from an incident around the holidays in Michigan City. A citizen reportedly saw Bohacek drinking from an open container outside his vehicle in a strip mall parking lot. Police located and pulled him over shortly thereafter. A hospital-administered blood test, conducted some time later, allegedly showed a blood alcohol concentration (BAC) higher than 0.2% — which is above Indiana’s legal limit.

Despite the BAC test, Bohacek was not arrested at the time, as Indiana lawmakers are protected by legislative immunity from most arrests during the legislative session, which had already begun. As a result, the case remained sealed for months and only became public in June following media inquiries.

Without a presiding judge, no ruling on license suspension has been made — despite state law typically requiring such a suspension when a breath test is refused or probable cause is established in DUI cases.

Senate President Pro Tem Rodric Bray (R-Martinsville) responded extremely publicly, expressing disappointment, oddly seeking to make it worse for his own well-qulified caucus member. Some wonder why he would have done that and it's not the first time a politician or prominent lawyer or judge got popped. Indiana lawyers don't even lose their law licenses for this crime, and Indiana judges may get a paid vacation. The hypocrisy is omnipresent in this state. Remember the judge shot outside a strip club in Indianapolis, he still has his robe.

People — even lawmakers, judges and lawyers — make mistakes. Humans err. Bohacek has a long record of public service and a reputation as a hard-working legislator.

“I was extremely disappointed to hear this news, and I expressed my disappointment to Sen. Bohacek,” Bray went on to said. Warning: Here is the part that may gage you: “Our Senate rules make clear that members are to be held to high standards, and this does not meet that standard. Here in Indiana, nobody is above the law.” To which, HE says, yeah, right; at least nobody who they don't have dirt on or control in Indianapolis.

Politicians from other parts of the state other than the power centers are powerless and are expect to tow the party line and wait their turn, which rarely if ever comes, and one day you are cast aside as a criminal. That's the reality, and is what really what Sen. Bray should address or have said--The Truth.

Bohacek brings an independent perspective to the General Assembly and that is not something valued often downstate as his constituents all know, expaining perhaps why Senate President Pro Tem Rodric Bray responded so publicly.

They also know that Mike Bohacek is a dedicated citizen legislature without a bad bone in his body. He has switched parties because he likely finds them both of them to be awful. He doesn't come from the Hoosier State, or was he educated by any of Indiana's brainwashing institutions of higher education. He is from the far Southside of Chicago "with roots in the Beach"--Michiana Shores along Lake Michigan. He currently serves on several key Senate committees, including Corrections and Criminal Law, Health and Provider Services, and Local Government. All of which he is highly qualified for if not over qualified.

Bohacek has since taken steps to address the situation he told HE. Despite be addicted mostly to working out, He said that in an abundance of caution that he has stopped drinking and refrains from attending receptions where alcohol is served. He has privately apologized his supporters, and his family, though he maintains his innocents and has a meritorious defense and an honest lawyer to help him.

Senate President Pro Tem Rodric Bray (R-Martinsville)

Sen. Bray made no public comment on repealing the law that protects himself, and other Senators by providing them broad immunity fromnot the prosecutions. Nor is only DUI incident involving an Indiana lawmaker in recent years. Rep. Jason “Beau” Baird (R-Greencastle) was arrested in Lafayette in 2018 during his first campaign. He later pleaded guilty in 2019 after taking office. Notably, public records list his name as “Jason Bean Baird,” rather than “Jason Beau Baird,” making the case difficult to find — a clerical error that raises concerns about the accuracy and transparency of the state’s public records system.

The Tippecanoe County Prosecutor’s Office has not responded to inquiries about that discrepancy.

As for Bohacek, aside from legal filings, he has not made a public statement. His future — both legally and politically — will become clearer once the case moves forward under an assigned judge. Should he run again, many believe he stands a strong chance of being re-elected, with this incident ultimately overshadowed by his broader record of public service.

He does not condone driving under the influence — nor should anyone. But many Hoosiers also believe that people deserve due process, and that one bad decision should not define a person’s character, especially if they acknowledge their mistake and commit to making things right.