UPDATE: ABC57 News reached out to Bohacek for a statement regarding the OWI incident. He replied that he's unable to give a statement to us.

ORIGINAL: MICHIGAN CITY, Ind. -- The Michigan City Police Department reports an officer responded to a possible intoxicated driver at Panda Express at 5246 Franklin St. at around 3:05 p.m. on Jan. 24.

The caller described the vehicle to police as a black Dodge Charger with Senator License Plate #76.

The caller went on to tell police the driver appeared intoxicated, had an open container of alcohol in the front seat, and was in Panda Express ordering food.

The driver was described as a white man, in his 50s, gray hair, wearing a button-up shirt and jacket. The driver was later identified as Indiana State Senator of District 8 Mike Bohacek.

The caller then informed dispatch the driver had left the Panda Express. An officer then caught up with Bohacek on eastbound US 20, where police say they paced the vehicle at approximately 62 miles per hour in a 45 mile per hour zone.

The officer then activated his emergency lights. The report states the vehicle slowed but continued to drive for several hundred feet. The vehicle then partially went off the roadway and came to a rest, authorities said.

Police say they immediately noticed Bohacek's eyes were red, watery, and bloodshot.

After the officer asked Bohacek for his driver's license and the registration for the vehicle, he stated he was talking to the mayor.

The officer asked him, "Mayor Angie?" and he stated yes.

Police say Bohacek's speech was slow and quiet. Bohacek handed the officer his driver's license, and the officer asked if he had the registration to his vehicle, to which he stated he should. Police say he then handed the officer what appeared to be a bill of sale for the vehicle.

Bohacek was asked if he had any alcoholic beverages that day, to which he replied no. He was then asked if he had any drugs, medication, or was diagnosed with anything, to which he replied no.

Police informed Bohacek that his eyes were red and asked if that was normal for him. He stated that he was coming back from Indianapolis and was down on sleep. Bohacek then stated he is prescribed Tramadol and used it as prescribed earlier.

Bohacek was then asked if he would participate in Standardized Field Sobriety Tests to ensure he was safe to operate a motor vehicle, to which police say he refused. Police then asked if he would submit to a preliminary breath test to which he also refused

Due to Bohacek's position as an Indiana State Senator, an officer called the La Porte County Prosecutor.

While speaking on the phone, the officer observed Bohacek begin eating and drinking food, while still sitting in his vehicle.

Another officer told Bohacek to stop eating and drinking during the course of the investigation. He stopped eating and drinking after being asked to do so.

Police asked Bohacek a second time if he would participate in SFSTs, to which he declined.

Police say they noticed Bohacek had spilled food over his shirt and pants. He was then asked to exit his vehicle, which he did.

He was patted down and asked to walk back to the patrol vehicle, to which he did. Police say they observed Bohacek's walking appear sluggish and sloppy, and balance also appeared poor.

Bohacek initially informed the officer he wouldn't take a certified chemical test and refused. Bohacek was placed in handcuffs situated behind his back and placed down in the patrol vehicle's front passenger seat, with the seatbelt over his chest

Bohacek then asked police if his wife could pick his vehicle up, in lieu of impound, to which the arresting officer allowed.

Prior to releasing the Charger, an officer conducted a probable cause search of the vehicle, looking for intoxicants, but locating only prescription medication bottles.

Bohacek was then taken to Northwest Health La Porte for a certified chemical test. Once in the parking lot, Bohacek was read the Indiana Implied Consent a second time. Bohacek asked if he was going to do a breath test, to which he was informed they would be doing a blood draw.

Bohacek stated he would prefer to do a chemical breath test, rather than a blood draw. Police told him the certified chemical test is what they would do.

The toxicology results showed that Bohacek had a blood alcohol content of .283 g / 100 mL of blood which is approximately 3.5 times the legal limit.

According to Article 3, Section 13 of the Indiana Constitution:

 Senators and Representatives shall, in all cases except treason, felony, or breach of the peace, be privileged from arrest, during the Session of the General Assembly, and in going to, or returning from the same; and for any Speech or debate in either house, they shall not be questioned in any other place, I was unable to place Mr. Bohacek into custody for this offense.

Police then informed Bohacek of his test results and that an arrest warrant for him would be sought for Operating While Intoxicated, once the General Assembly is no longer in session.

Bohacek was then taken to his residence in Michiana Shores without further issue.

Police then filed a probable cause affidavit and charging information regarding Operating vehicle with alcohol concentration equivalent to .15 or more, Operating a vehicle while intoxicated endangering a person, and Operating a vehicle while intoxicated.