AUGUSTA — An Augusta man will spend seven years behind bars for his ninth drunken-driving conviction — a year longer than the prosecutor sought in her sentencing memo.

Peter J. Dubord, 55, was convicted by a jury in April of operating a motorcycle under the influence and of operating beyond a license restriction that prohibited him from driving while having any alcohol in his system.

Judge Eric Walker outlined the facts of the case Wednesday morning during a sentencing hearing for Dubord held at the Capital Judicial Center.

Dubord was stopped by a Maine State Police trooper on Route 32 in South China on Sept. 28, 2014. The trooper said he had him on radar traveling 69 mph in a 40-mph zone.

Dubord told the trooper he had been drinking but thought he had waited long enough before driving.

A test at the Augusta police station registered Dubord’s blood-alcohol content at 0.19, more than double the legal limit for an adult. A 10-year restriction placed on Dubord’s license in 2011 also mandated that Dubord have no alcohol in his system.

“Mr. Dubord represented significant danger to himself and others on the road that night,” Walker said, adding that it was a miracle that Dubord had not hurt or killed himself or others during his drunken-driving episodes.

“I do want to apologize to the courts, and I do absolutely take responsibility for my actions that evening,” Dubord told him. “Obviously, I did not believe I was over the count.”

He said he suffers from health problems and has stage 4 liver disease.

“Basically, my drinking days are done,” Dubord said. “I just wish this hadn’t happened.”

Dubord testified at the trial that he had consumed two 24-ounce cans of Steel Reserve, a beer with 8.1 percent alcohol content.

The judge said the jury obviously rejected Dubord’s testimony that he was not intoxicated.

“You have a right to testify,” Walker told him at the sentencing hearing. “You do not have a right to lie to the jury.”

Walker set the underlying sentence at 10 years in prison, with seven years to be served initially and three years suspended, followed by a three-year probation.

“Society has tried to make people aware of the dangers of drunk driving,” Walker said. “I’m hopeful that Mr. Dubord will get the message and take probation seriously. My concern is he has not gotten the message in the past.”

After the hearing, District Attorney Maeghan Maloney said via email that she was pleased with the sentence imposed.

“The only difference between the crime of OUI and the crime of vehicle manslaughter is luck — the actions of the defendant are the same with both crimes,” she said.

Conditions of probation set by Walker prohibit Dubord from operating motor vehicles, including all-terrain vehicles and boats, from possessing or using alcohol and order him to undergo substance abuse counseling.

Dubord’s license was suspended for 10 years. Walker imposed the minimum $2,100 fine.

The prosecutor, Assistant District Attorney Alisa Ross, asked in a sentencing memorandum that Dubord serve an initial six years behind bars with another four years suspended. She also recommended that Dubord be banned from having motor vehicle keys. That condition was not imposed.

Defense attorney Darrick Banda recommended that Dubord spend no more than 18 months behind bars, saying five of Dubord’s prior drunken-driving convictions were at least 26 years old.

Dubord spent nine months behind bars on his eighth conviction for operating under the influence, which occurred in 2007.

Betty Adams — 621-5631

[email protected]

Twitter: @betadams


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