'So, I just pulled over a state senator': Body camera footage details senator's DUI stop

New body camera footage released by Michigan City police shows what unfolded the night Republican Indiana Sen. Mike Bohacek was stopped and ultimately driven home — rather than booked into jail — after a January traffic stop that later led to his drunk driving arrest.

The roughly two-hour video, obtained by the Indiana Capital Chronicle through a public records request, provides a full account of the stop. A request for dash cam video is still pending. 

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.

The senator 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.

New details from body camera footage

The recording begins as Officer Daniel Revoir pulls over Bohacek’s Black 2023 Dodge Charger, bearing his Indiana legislative license plate.

“You were going a little above the speed limit,” Revoir tells Bohacek as he approaches the car. Officers later said Bohacek was clocked at 70 miles per hour in a 45 zone.

Revoir told another officer that Bohacek was “was maintaining his lane” while driving, but said the senator’s eyes appeared red and glassy.

When Bohacek refused to perform field sobriety tests or blow into a portable breath test, Revoir began consulting superiors about how to proceed.

“So, I just pulled over a state senator,” he says at one point, expressing uncertainty about whether he had probable cause to arrest Bohacek. Revoir additionally told a supervisor that Bohacek was “in his car, drinking water and eating food” during the traffic stop.

The officer read Indiana’s implied consent law, which warns that refusal to take a chemical test can result in a one-year license suspension. Still, Bohacek declined again.

Revoir then told dispatchers he would obtain a warrant for a blood draw. Bohacek was handcuffed, patted down and placed in the squad car, but not arrested. His wife was called to retrieve his vehicle from the roadside.

At Franciscan Health Michigan City, Bohacek consented to the blood test. 

When asked if he had been drinking or using drugs, Bohacek replied that he takes tramadol, a prescription medication, for back pain.

He then said quietly that he “had a glass of wine” at home earlier in the day.

“I didn’t eat lunch,” Bohacek said. “I don’t drink a lot, so.”

At one point, the senator admitted that he “probably should’ve used Uber Eats, or something.”

Revoir agreed: “Yeah, that definitely would’ve been a cheaper option.”

The officer later told Bohacek that test results confirmed a blood alcohol concentration of 0.28%.

“The numbers are the numbers,” Bohacek responded. Moments later, after realizing his BAC was more than three times Indiana’s legal limit, he added: “How much? … Holy — oh, wow. … That’s crazy. I didn’t expect that.”

Revoir replied: “If all you had was one glass of wine, that was a strong glass of wine.”

Allowed to go home 

The body camera footage showed Revoir repeatedly checking with superiors about what to do after learning Bohacek’s blood-alcohol level. Supervisors and a local prosecutor advised that because the General Assembly was still in session, officers could not jail him that night.

Revoir explained the decision to Bohacek at the hospital.

“I guess legally, I cannot arrest you and take you to jail because your congress is still in session. So, what I’m going to do is I’m doing a full police report, and I’m going to file an arrest warrant for you for operating while intoxicated,” he said. “Once (the legislature) is out of session, you’ll be surrendered by the Statehouse and remanded into custody.”

Bohacek said he had “no idea how this works.”

“Apparently, I can still get parking tickets,” he told Revoir. “But … I don’t speed. I don’t know how the whole immunity thing works. I’ve never been around it.”

Read more: Indiana Sen. Mike Bohacek accepts plea deal in DUI case

Even so, Bohacek apologized multiple times. 

“I’m sorry,” he told Revoir as the officer drove him home. 

“You don’t seem like a bad guy,” Revoir responded. “But obviously, you know, good people make bad choices from time to time.”

Bohacek, who represents Senate District 8, was later charged in May with two misdemeanor counts: operating a vehicle while intoxicated with endangerment and operating with a BAC of 0.15% or higher. The charges came months after the Jan. 18 incident, once the legislative session had ended.

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 Jan. 8 and adjourned on April 25.

Court records show Bohacek accepted a plea agreement in August, pleading guilty to one count of operating while intoxicated. He received a 60-day suspended sentence and one year of probation. The court allowed him to drive using an ignition interlock device in lieu of a full license suspension.

Bohacek did not respond to a request for comment about the newly released footage.

Indiana Capital Chronicle is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Indiana Capital Chronicle maintains editorial independence. Contact Editor Niki Kelly for questions: info@indianacapitalchronicle.com