Some five months after police say they found him driving intoxicated, A Michiana state senator continues to drive and he’s asking a court to keep it that way.
It’s standard under Indiana law to immediately have your driver’s license suspended when you’re charged with operating while intoxicated. How soon you get it reinstated depends on your case and history.
Police in January arrested Michiana Shores Republican State Senator Mike Bohacek after a witness saw him with an open container of alcohol, stumbling out of his vehicle at a Panda Express restaurant. His blood alcohol content was measured at three times the legal limit.
Police opted not to arrest Bohaceck in January and instead drove him home because of legislative immunity, a concept in the Indiana Constitution that prohibits arresting state lawmakers during a legislative session except for treason, felonies or “breach of the peace.” Prosecutors filed charges last month, 15 days after the session ended.
But since then, three LaPorte County judges have recused themselves, and the case still awaits appointment of a special judge in Porter County.
Those delays have kept Bohacek behind the wheel and he’s hoping to stay there. Instead of a license suspension, court records show that on Friday he asked the court for an ignition interlock device, which would let him start his car if he breathes into it and hasn’t been drinking.
