State Sen. Mike Bohacek faces charges after allegedly stumbling out of his car after drinking alcohol inside his car at a Michigan City Panda Express in January, but the charges were only recently filed because of legislative immunity.

The Indiana Constitution states that legislators are “privileged from arrest” during the legislative session except for treason, felony or breach of the peace. The 2025 legislative session started Jan. 8 and ended April 24, and Bohacek was arrested Jan. 24.

Bohacek, R-Michiana Shores, faces misdemeanor charges of operating while intoxicated and two additional misdemeanor OWI charges for a blood alcohol content above 0.15 and endangerment, according to the probable cause affidavit.

Porter County Prosecutor Gary Germann was appointed as the special prosecutor in the case. In an email Monday, Germann said the charges have not yet been approved by a judge, but that will likely occur in the next couple of days. He declined to comment further citing the pending litigation.

A witness told police officers that Bohacek drank from “an open container” and stumbled out of his vehicle at Panda Express in Michigan City around 3:30 p.m. Jan. 24, according to the affidavit.

When officers arrived, they observed Bohacek with food on his clothes, poor balance and quiet, slow speech. Officers also reported that Bohacek had red, watery and bloodshot eyes and that he staggered from his black Dodge Charger, according to the affidavit.

A blood test performed at about 4:30 p.m. Jan. 24 found that Bohacek’s blood alcohol content was 0.283, according to the affidavit.

Bohacek told police officers he took his prescription Tramadol before driving, according to the affidavit. Tramadol is a synthetic opioid used to treat moderate to moderately severe pain, including pain after surgery, according to the Mayo Clinic.

When reached by the Post-Tribune Tuesday, Bohacek expressed surprise that he could be charged months after the fact, but declined to comment further.

State Rep. Jim Lucas, R-Seymour, pleaded guilty to two misdemeanor counts of operating a motor vehicle while intoxicated and leaving the scene of an accident in June 2023.

Former State Rep. Daniel Forestal, D-Indianapolis, faced charges before his resignation in 2020 for drunken driving. He had also faced charges for battery of a public safety official, resisting law enforcement and disorderly conduct and accusations of using his political campaign’s bank account for personal use, like online gambling, in separate events beginning in 2019.

Forestal, who was open about his mental health struggles, died in 2021. Responding to a wellness check at an Indianapolis hotel, police found Forestal, 38, deceased.

akukulka@chicagotribune .com